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Bankruptcy and Cancellation of Debt Income

Posted on 10/02/2026 ← Back to TaxBert's Tax Talk
Answered by TaxBert, TheTaxBook's AI tax research assistant
Reviewed by the TheTaxBook Editorial Team
Does bankruptcy eliminate taxable cancellation of debt income?

Yes. Debt cancelled in a bankruptcy case under Title 11 of the U.S. Code is excluded from gross income, so it does not create taxable cancellation of debt income [1].

The exclusion is not free — the taxpayer must reduce certain tax attributes (basis, credits, NOL carryovers, etc.) by the excluded amount, reported on Form 982 [1]. For bankruptcy or insolvency discharges, the taxpayer can also elect to apply the excluded amount first against the basis of depreciable property before reducing other attributes [1].

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