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Bankruptcy Exemption

Florida Bankruptcy Exemptions

Many people contact our office to ask questions about tax debt and whether it can be included in a Chapter 7 or Chapter 13 bankruptcy. Our experienced bankruptcy lawyers at SunCoast Law work to maximize all legal opportunities to include as much debt under the bankruptcy petition as allowed.

In Florida, bankruptcy exemptions allow individuals filing for bankruptcy to protect certain assets from being seized by creditors to satisfy debts. However, bankruptcy exemptions can vary based on individual circumstances, including the type of bankruptcy filed and the specific assets owned. 

Additionally, Florida’s exemption amounts are subject to change, so it’s crucial to consult with a bankruptcy attorney or refer to the latest state statutes for the most up-to-date information. It is possible to discharge certain old tax debt under Chapter 7 bankruptcy rules.

Tax Assessment Timing for Bankruptcy Filing

36 months past federal filing due date—To ensure you have exhausted all means to pay your federal tax debt, the government requires that three years, (including extensions) from the filing due date must pass before taxes can be considered for discharge. Your taxes must have been timely filed otherwise they may not qualify to be discharged.

If you have recently received a government notice that taxes are due, you will likely not be able to include this debt under Chapter 7 bankruptcy for discharge. You will however, be able to file for a Chapter 13 bankruptcy, restructuring plan and address all tax debt issues.

Tax assessment 240 days prior to filing bankruptcy—You must prove that the IRS assessed the tax debt, eight months or more prior to filing bankruptcy.

Not the Result of Fraud or Evasion—For discharge, tax debt may not be part of a fraudulent return. Also, you may not be guilty of tax evasion in any way. Bankruptcy, as it involves tax debt can be complicated.

If you’ve been burdened with taxes you just can’t pay, it’s time to talk to someone who can help. Contact SunCoast Law to schedule a consultation now, (844) 330-2727.

We offer debt relief solutions in compliance with U.S Bankruptcy Code.


Means Test

Chapter 7 Bankruptcy

Chapter 13 Bankruptcy

Chapter 7 vs Chapter 13

Chapter 13 Bankrutpcy Timeline


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If you need to find a solution, contact a member of our team. SunCoast Law can help! We offer free initial consultations to all of our clients and would be happy to meet with you one-on-one.

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