Chapter 13 Tax Discharges

Today TaxMama hears from Mark in Arkansas, who wants to know, “I have filed a Bankruptcy Chapter 13 repayment plan. Can I have my taxes dismissed in a “tax bankruptcy” even if they’re already in included my Chapter 13 filing?”

Dear Mark,

Chapter 13 bankruptcy is like a personal re-organization. You get to reduce some of your debts and set up payment plans for the rest.
http://www.uscourts.gov/bankruptcycourts/bankruptcybasics/chapter13.html

The Court can decide what should and should not be discharged.

Typically, secured debt will not be discharged. So if IRS or the state has filed liens against you, those debts will have priority over your unsecured debt. The Judge and the IRS and State will insist on a payment plan.

If the tax debt is unsecured, they get to stand in line with the rest of your creditors. And your attorney can negotiate with the creditors. Then he/she can bring the plan to the Court to approve.

Sometimes, you can get some or all your tax debt discharged in Chapter 13. However, if you have assets or a steady stream of income don’t count on it.

You’ll need to push on to Chapter 7, total liquidation to get your tax debts discharged.

Incidentally, there are some tax debts and penalties that cannot be discharged.

And remember, you can find answers to all kinds of questions about tax bankruptcy, and other tax issues, free. Where? Where else? At TaxMama.com

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  • The US Courts :: Bankruptcy Basics – Chapter 13 – Individual Debt Adjustment

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