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How Does Chapter 13 Bankruptcy Affect Tax Debt?

Written by John Wonais

Posted in: Bankruptcy Law, Chapter 13 Bankruptcy Law

Navigating the financial waters of debt and taxes can be overwhelming, especially when faced with the prospect of bankruptcy. Debt Pros is dedicated to helping clients understand and manage their financial obligations, particularly when it comes to the intersection of Chapter 13 bankruptcy and tax debt. In this blog post, we’ll outline how our firm can guide you through these complex legal processes.

Pen Laying On Bankruptcy Filing Papers

Understanding Chapter 13 Bankruptcy and Its Implications

Chapter 13 bankruptcy, often referred to as a wage earner’s plan, allows individuals with a regular income to develop a plan to repay all or part of their debts. Under this chapter, debtors propose a repayment plan to make installments to creditors over three to five years. For those facing overwhelming debt, Chapter 13 offers a path to financial recovery, providing the opportunity to reorganize and gradually clear their financial slate while retaining their assets.

One of the most significant advantages of Chapter 13 bankruptcy is the automatic stay. This powerful legal provision halts creditors from pursuing collection actions, giving debtors much-needed breathing room. However, it’s crucial to understand that while Chapter 13 can restructure various debts, it has specific implications for taxes owed, which requires careful consideration.

The Interplay Between Tax Debts and Chapter 13 Bankruptcy

Tax debts are unique in bankruptcy proceedings. Not all tax debts can be discharged, but Chapter 13 bankruptcy can help manage and potentially reduce the amount owed. Priority tax debts, such as recent income taxes, must be paid in full through the repayment plan. However, older tax liabilities may be treated as non-priority debts, allowing for possible discharge at the end of the bankruptcy period if they meet certain criteria.

It’s important to note that tax penalties can sometimes be reduced or eliminated in Chapter 13, depending on the age of the debt and whether the tax itself is dischargeable. Additionally, Chapter 13 can stop accruing interest and penalties on certain tax debts, providing significant financial relief.

Options for Owing Taxes While in Chapter 13 Bankruptcy

When you file bankruptcy, your tax debts are categorized into priority and nonpriority claims. Priority tax debts must be paid in full during the bankruptcy plan, but there are strategies to manage this obligation effectively. For example, we can structure your repayment plan to prioritize remaining tax debts, ensuring you stay compliant with the IRS while addressing other debts.

Non-priority tax debts, which typically include older income tax debt, can be treated like other unsecured debts, such as credit card balances. This means they can be paid proportionally to your ability to pay, and any remaining balance at the end of your Chapter 13 plan could be discharged.

How Wonais Law, LLC Can Help with Owing Taxes While in Chapter 13

At Debt Pros, we understand the stress and uncertainty that come with tax debt during bankruptcy. Our team of expert attorneys has years of experience in both bankruptcy law and tax resolution, making us uniquely equipped to handle these intertwined legal issues.

We start by thoroughly analyzing your financial situation, including your tax obligations, to determine the best course of action. Our goal is to create a Chapter 13 repayment plan that is both manageable for you and acceptable to the bankruptcy court and the IRS.

Person Pointing With A Pen On Bankruptcy Chapter 13 title

How an Experienced Bankruptcy Attorney Can Help if You Owe Taxes

Our firm can also negotiate with tax authorities on your behalf. We’ll work to ensure that your tax debts are accurately classified within your bankruptcy case and that any eligible debts are discharged at the end of your repayment period. If you have non-dischargeable tax debts, we’ll strive to reach an agreement with the IRS for a payment plan that begins after your Chapter 13 plan is completed, allowing you to maintain financial stability.

Throughout the process, we provide personalized legal counsel, keeping you informed and empowered to make the best decisions for your financial future. We’re committed to advocating for your rights and interests every step of the way, from the initial filing to the completion of your Chapter 13 plan.

At Debt Pros, we understand the stress and uncertainty that come with managing tax debt during Chapter 13 bankruptcy. Our approach is comprehensive and proactive, focusing on your long-term financial health. Here’s how we can further assist you:

Negotiation with Tax Authorities

We will engage in discussions with the IRS, other tax agencies, and bankruptcy courts to negotiate the terms of your tax liabilities. Our goal is to minimize your debt and arrange manageable payment terms.

Accurate Debt Classification

We ensure that your tax debts are properly classified while filing bankruptcy, distinguishing between priority (non-dischargeable) and non-priority (dischargeable) debts.

Discharge Eligibility

For eligible debts, we will work diligently to have them discharged upon the completion of your Chapter 13 repayment plan, potentially relieving you of certain tax liabilities.

Legal Counsel and Advocacy

Our team provides personalized legal advice tailored to your situation. We keep you informed about every aspect of your case and empower you to make informed decisions.

Protection of Rights and Interests

We are staunch advocates for your rights and interests, ensuring that you are treated fairly throughout the bankruptcy process.

Strategic Planning

We help you plan strategically for your financial future, considering both the immediate impact of your bankruptcy case and your long-term financial goals.

Comprehensive Support

From the initial consultation to the successful closure of your case, we offer unwavering support and guidance.

By partnering with Debt Pros, you can trust that we will take every possible step to address your tax debts effectively within the framework of your Chapter 13 bankruptcy. Our commitment is to help you emerge from this process on a stronger financial footing.

Hire an Experienced Maryland Bankruptcy Attorney to Navigate Your Tax Repayment Plans

Chapter 13 bankruptcy offers a lifeline for those drowning in debt, including tax liabilities. While the process can be complex, especially when taxes are involved, you don’t have to face it alone. At Debt Pros, we’re here to help you navigate these challenges and emerge with a fresh financial start. If you’re struggling with tax debt and considering Chapter 13 bankruptcy, reach out to us. Together, we can chart a path toward a brighter financial future.

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What Our Clients Say

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Love the service he’s very understanding Five stars he definitely get that from me He helped me and answered every question me and my daughter asked him lol cool dude thanks John for the help and being understanding keep up the good work and continue blessings people with your knowledge and service

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Extremely helpful. I felt really safe about the process. John is extremely helpful and knowledgeable. Any questions I had were addressed immediately and the entire process was quick and easy.

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Working with John has been great! From start, to finish, John has been extremely helpful and I really appreciate he and his team! Highly recommend!

- Brittney Moss

John is excellent and answers all my questions in a timely fashion and getting my case filed. I would definitely file bankruptcy with this firm again in the near future when needed. I can now rest assured that I’m doing business with a firm that I can trust and to help me be debt free and get my finances back to where it should be. One of the best firms to do business with.

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