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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2501
Experience:  Better Business Bur 15yrs bankruptcy experience. Chicago Bar
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IS THERE A CHANCE THAT IRS TAXES FROM 2005 AND PRIOR WILL NOT

Customer Question

IS THERE A CHANCE THAT IRS TAXES FROM 2005 AND PRIOR WILL NOT HAVE TO BE INCLUDED IN MY CHAPTER 13?
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 4 years ago.
Sorry, no.
Tax debt must be included in the case. They will get paid based on the percentage to the unsecured creditors if you filed them timely. If you recently filed them, they will be paid 100%. If you are disputing the debt, you can leave them outside the plan, but it would be up to you to pay them once the dispute is resolved.
Customer: replied 4 years ago.
They were all filed during the appropriate years.

Considering your answer, Should I have still included them as Priority Unsecured Debt(which is what I did)or since it will probably be minimized to whatever percentage the non-priority creditors are going to get, should it have been included as non-priority?
Expert:  Terry L. replied 4 years ago.
Yes, they are a priority unsecured claim. They go on schedule E.
So, they will get paid the same % as the other unsecured creditors because they are more than 3 years old. Sounds like they are listed correctly.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2501
Experience: Better Business Bur 15yrs bankruptcy experience. Chicago Bar
Terry L. and 2 other Bankruptcy Law Specialists are ready to help you
Customer: replied 4 years ago.
One more question, when I am filling out the repayment plan - do I base the monthly payment amount on the percentage? For instance, I am proposing 2% of the unsecured debt be repaid, since the IRS taxes as well as the state taxes are more than 3 years old, I would add them into the plan as owing 2% of the actual amount (i.e. $200.00 of the $10,000owed divided by 36 months), correct?

Thank you so much for your help.
Expert:  Terry L. replied 4 years ago.
Yes, that is how you calculate it.
Customer: replied 4 years ago.
Thank you so much - you were very helpful!
Expert:  Terry L. replied 4 years ago.
you are welcome

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