Bankruptcy - FAQ

  • Why wasn't my debt discharged in my bankruptcy?

    Only certain taxes are dischargeable(debt that can be eliminated after a person files for bankruptcy) in bankruptcy. There are several specific facts that affect dischargeability.  

    Please contact your attorney for more information or you may contact the department at (404) 417-6543 to discuss your remaining debt.

  • Why am I getting mail from the Department of Revenue while I am in an active bankruptcy case?

    Certain types of correspondence do not violate the Bankruptcy Code. Please contact your bankruptcy attorney for further guidance.

  • I received a letter for a post-petition liability that will not be included in my bankruptcy. Can I set up a payment arrangement for this debt?

    No. It is possible to include new debt into an active bankruptcy. Please contact your attorney for further guidance.  

    You are required to pay new tax debts by their due dates while in bankruptcy. Although filing for bankruptcy prevents the Department from taking collection or enforcement actions against you while you are in bankruptcy, the debt is not dischargeable. You will be held liable for this debt upon the closure of your bankruptcy case.

    Please note that the Department will continue to add applicable interest and penalty on any unpaid tax debt. If you incur post-petition tax debts while under Bankruptcy protection, the Department may request the bankruptcy court’s permission to dismiss your case or to enforce its lien against your property.

  • Why are you sending me collection notices on a joint income tax debt when my spouse filed bankruptcy and I did not?

    If you have not filed bankruptcy, you are not under bankruptcy protection.  The Department of Revenue will continue to collect a debt from you even if the joint filer has filed for Bankruptcy protection.

  • Should I continue to make payments on my installment payment agreement for state tax debt after the filing of my bankruptcy petition?

    The filing of your bankruptcy petition will automatically cancel any active payment agreement you have with the Department.

  • What do I do if I receive a letter for a state tax liability that is not included in my bankruptcy?

    Please contact your attorney for further guidance.

  • What do I need to do if I am in an active bankruptcy?

    Confirm with your attorney that the Department of Revenue is included on your bankruptcy petition.

    If you are in an active bankruptcy and you have NOT included us in your bankruptcy petition, please notify the Georgia Department of Revenue at (404) 417-6543.

  • Will the garnishment of my wages stop if I filed bankruptcy?

    With certain exceptions, the Department must stop all collection activity when it receives notice that a person has filed for bankruptcy relief.

  • Will bankruptcy get rid of my tax debt?

    Not necessarily. Only certain taxes are dischargeable (debt that can be eliminated after a person files for bankruptcy) in bankruptcy. There are several specific facts that affect dischargeability.

    Please contact a bankruptcy attorney for specific guidance.