Questions on Income Tax Debt and Filing for Bankruptcy a Second Time

2011-11-21   minute read

Bradley Milne


Yes it is possible to file an assignment in bankruptcy a second time and yes it would serve to extinguish or discharge your income tax debt.

If you have $200,000 or more of income tax debt and this represents more than 75% of the total unsecured proven claims, a court application for your discharge would be held upon the expiration of 24 months (if you don't have surplus income) or 36 months (if you do have surplus income).

If your tax debt is less than $200,000 you would remain eligible for an automatic discharge to be granted by the Trustee, however, the same time periods would apply i.e. 24 versus 26 months depending on whether or not you have surplus income.   

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