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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Question for tax attorney... I have a husband of two years.

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Question for tax attorney... I have a husband of two years. He owns a house & my name is XXXXX XXXXX the loan (neither the 1st or 2nd mortgage) & we do not share any banking or credit accounts. We filed taxes jointly, (I'm in school fulltime so have no income), We ended up owing the IRS $14,000. We set up monthly payments of $500.00. My husband just told me that he is filing Chapter 13 & including the taxes in the filing. If the 13 goes thru, and he is not paying the IRS, can they come after me, and will this at anytime be reported to my credit report?

Thank you for your question. Please permit me to respond to your question directly.

Chapter 13 is reorganization of debts, specifically personal debts. That type of filing does not affect you unless the debts are considered marital. If he does not pay the IRS, the IRS can indeed come after you because you are a joint petitioner on your spouse's taxes. Otherwise the IRS has no reason to go after you as there is no judgment out against you at this time. This will not be reported on your credit report if the filing is personal in nature.

Good luck.

Customer: replied 4 years ago.

They do consider it both our debt, but I was told by him that with a 13 he makes a lump payment to the court monthly for five months and then everything is cleared. Does this still show up on my credit report, and if the 13 does not get approved, will the IRS empty my checking account?

Thank you for your follow-up, Susan.

This does not show up on your credit report because the bankruptcy is in his name. If Chapter 13 is not approved, the IRS can pursue their own cause of action against both your spouse and yourself, and then potentially seek a bank levy against your accounts. Then, they could possibly pursue your checking account, which is why paying down this debt is so important.

Good luck.

Customer: replied 4 years ago.

Even with the 13 going thru, & its filed in his name, does that mean the tax debt will show on my credit report until the 5 years of payments are made?


A Chapter 13 only shows up on the credit report of the individual who files for Chapter 13, not the spouse. Since it is filed under his name, it would not show up on your credit report just hist.

Good luck.

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