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Bankruptcy Discharge of Credit Card Debt Used to Pay Taxes

A caller asked me if he could discharge in bankruptcy a credit card charge of $10,000 used to pay property taxes on commercial real estate. The general rule is that all credit card debt and other unsecured debts are dischargeable in Chapter 7 bankruptcy. However, Section 523 of the Bankruptcy Code provides for exceptions. One the exceptions is certain income tax and property tax which are "priority" debts. The Bankruptcy Code does not permit a debtor to discharge credit card debt incurred to pay non-dischargeable taxes. In other words, the Code does not allow people to convert non-dischargeable property tax or income tax into unsecured credit card debt to be wiped out as part of general unsecured debts.

December 20, 2007 in Tax in Bankruptcy | Permalink

Comments

I am confused.
probably becase I am not an attorney)

But I am confused, as to why a property tax is non-dischargeable?

I understand the exception under 523 for certain income taxes, but what subsection of Section 523 makes property taxes non-dischargeable?

Posted by: Arthur Johnston | Dec 20, 2007 6:08:59 PM

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