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Priority Debt Questions

What is priority debt?

In cases for bankruptcy a priority debt is believed to be a debt that is normally not dischargeable. Normally a priority debt is money that is either owed to a governmental type agency or writers of the United States Bankruptcy Code feel as if discharging these kinds of debts would end up violating the public policies. Many things can include priority debt such as child support, spousal support (alimony) taxes, and criminal fines. Everything except child support and spousal support there are sub-categories and procedures that make up the many different kinds of debts dischargeable. In many cases the priority debts live on through a bankruptcy case and the individual is still responsible to pay these debts.

In the state of California if an individual has already filed a Chapter 13 Bankruptcy is it legal for them to pay off the IRS that is a priority debt before proof of a plan and the payment by the trustee money is either a gift or a loan?

In this case the individual is not allowed to pay off any creditors even those who are considered priority debts after the Bankruptcy has been filed. Now, once the Bankruptcy has been filed, and even before the plan has been confirmed, all the unprotected creditors must be paid by the Bankruptcy trustee. Now if this has already been done, then the trustee can take back the payment.

Does a priority debt that is unprotected such as spousal support, should this debt be repaid before the IRS receives their payments?

In the event of bankruptcy spousal support will not be considered dischargeable in many cases and all situations, and this would receive better treatments. In the conditions of the IRS debt, this would take the steps over many debt cases, but this would all depend on the year of the debt, and if it could be discharged in the Bankruptcy case, unlike spousal support.

If someone needs to file for bankruptcy can the state or the IRS is included in the money that has been owed for many years?

This will all depend on the case itself, normally taxes are not considered to be dischargeable in bankruptcy cases. Now, on the other hand in specific cases, taxes can be dischargeable. Normally the taxes are dischargeable if these certain requirements are being met:
1. That the tax return was not fraud and this has been filed on time, or if the return was filed late, and it was filed more than two years before the bankruptcy claim;
2. The tax was not considered to be a priority debt; and
3. The individual did not intentionally avoid the taxes.

A tax debt is considered a priority debt if it has been charged within 240 days before the bankruptcy has been requested, or it is charged after the beginning of this case. Any federal income tax is charged on the date that the IRS informs the taxpayer of the tax claim.

If someone is filing for Chapter 7 Bankruptcy if they have debt to the IRS is the whole amount of the debt considered priority or just part of it?

In this case the whole amount of the debt to the IRS is considered tax debt and in many cases this will be looked at as priority debt. Sometimes income tax debts are not and these debts can be removed in a bankruptcy case, only if the following rules apply:
• The debt would be at least three years old
• If the individual has filed the tax return in at least two years before filing for bankruptcy
• The IRS has not charged the debt, or charged it more than 240 days before the individual had filed bankruptcy.

In some cases if the IRS debt is more than three years old, then the individual can list these debts as unprotected debts. In most cases the individual will list this debt as an unprotected non priority debt.

When filing for bankruptcy and the individual has many debts or debts that they have never experienced before, then they may be unaware of where and what to file their debts as the online Legal Experts can help those individuals by provided legal answers to help them better understand the process of filing bankruptcy and what classifies as priority debts.

Ask a Bankruptcy Lawyer

FiveStarLaw
FiveStarLaw, Attorney
Category: General
Satisfied Customers: 3317
Experience:  Bankruptcy Lawyer. Experienced.
9968427
Type Your Bankruptcy Law Question Here...
characters left:
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Bankruptcy Lawyers are online & ready to help you now

FiveStarLaw
Attorney
Satisfied Customers: 3203
Bankruptcy Lawyer. Experienced.
Terry L.
Attorney
Satisfied Customers: 2204
Better Business Bur 15yrs bankruptcy experience. Chicago Bar
Phillips Esq.
Attorney-at-Law
Satisfied Customers: 950
B.A.; M.B.A.; J.D.

Recent Priority Debt Questions

  • This is a question regarding an LLC that is filing a Chapter

    This is a question regarding an LLC that is filing a Chapter 7 case. The debtor business owes some state sales taxes. Is that just unsecured non-priority debt or should that be listed as a priority debt and the LLC still has to pay it? Thank you in advance for your assistance
  • My Ch 13 plan was recently confirmed. The IRS file a claim,

    My Ch 13 plan was recently confirmed. The IRS file a claim, but it shows that none of it is secured or priority. When am I actually free from them ?
  • This is a chapter 13 question. The Debtor has not yet filed

    This is a chapter 13 question. The Debtor has not yet filed the 13, but filed a chapter 7 in March of 2009 and subsequently received a discharge. The Debtor has about $20K in unsecured non priority debt and it looks like a POT of about $11K now. They intend to propose a 3-year plan. Will they be able to discharge the $9K difference of unsecured - non priority debt in their current 13 case? Thank you in advance for your assistance.
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