Does Chapter 13 Bankruptcy disqualify one from getting a CHL

[propellerhead]

I have a friend who is in Chapter 13 Bankruptcy and would like to get a CHL.

Here's the story.... A few years ago, her ex-husband was self-employed and when they filed their taxes they owed the State some money. The State gave them a payment plan which never went delinquent. They were making the payments on schedule.

Fast forward to last year... She got a divorce and filed for bankruptcy. This made the payment plan void and any tax refund she would get would automatically go to the State. The same applies to her ex-husband. Any tax refund he gets automatically goes to the State.

411.172 says... "(11) has not been finally determined to be delinquent in the payment of a tax or other money collected by the comptroller, the tax collector of a political subdivision of the state, or any agency or subdivision of the state;"

Does this disqualify her from getting a CHL?

[KBCraig]

411.172 says... "(11) has not been finally determined to be delinquent in the payment of a tax or other money collected by the comptroller, the tax collector of a political subdivision of the state, or any agency or subdivision of the state;"

Does this disqualify her from getting a CHL?

Hmmm. Sounds like it could.

But, I'd recommend that she take a class, and apply anyway. At the very least, she isn't precluded from non-CHL car carry, and the class will help her learn the appropriate laws about use of force.

Kevin

[propellerhead]

She plans on taking the class but she's worried about spending $140 for an application that will get denied.

[switch]

IANAL, but I thought bankruptcy wiped out state taxes????

That is one of the examples used by DPS in my original instructor class. If you owe property taxes and file bankruptcy, you can get a license.

[KBCraig]

IANAL, but I thought bankruptcy wiped out state taxes????

I don't know about state taxes, but I do know that you can't discharge IRS debts through bankruptcy.

[switch]

Fortunately, we do not have to worry about federal taxes when we apply for a CHL,

However, you can discharge 'some' federal taxes, provided they have been assessed for 270 days (you have to give the IRS a chance to collect these taxes before you file). Most attorneys do not advise their clients of this. I suspect it is because they want them to file 'right away' so they can get paid.

It is true that you cannot get the withheld portion of payroll taxes discharged (the income tax w/h and 1/2 of the social security taxes). If you are not careful, the IRS will apply any payments and any funds received to the employer portion of the social security taxes first, then they can transfer the responsibility for the income tax w/h and the employees half of the SS taxes to a 'responsible' party and they are not dischargeable.

Sorry, I seem to have gotten away from the CHL discussion appropriate to this list.

[Roger Howard]

The Chapter 13 itself is not a disqualification. If they owe state taxes that could do it. I suggest contacting DPS.

[TxBlonde]

I have noticed that if you tell thm what is going on that they will answer honestly and to the best they can. They helped me with my brother and a weapons charge he got 6 or 7 years ago