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Asked 4/3/2009

Upon advise of attorney, I went from Chapter 13 to Chapter 7. My Chapter 7 just came thru but didn't discharge all my IRS back taxes. Can I file another Chapter 13 on remainder of the IRS arrears?

I filed Chapter 13 in 2005, and found that I could not continue to pay a separate child support arrears and my Chapter 13, this last January 2009. I had only 11 mos on my Chapter 13 left. I already had my driver's license suspended and my auto tag siezed once in January 2009. This is what prompted me to go to my bankruptcy attorney immediately to ask what I can do because I could not afford both.

My attorney advised -and I agreed to file Chapter 7 in hopes of relieving all my chapter 13 debt, and debt to the IRS, as most of it was old IRS back taxes.
The Chapter 7 took care of 1/3 of the IRS debt. I am on unemployment, and barely surviving with paying my monthly child support arrears now.
Can I enter into another Chapter 13?
What is the law in State of Georgia?

 
 
 
 
Answers

Answer 1/2 - Submitted 2/8/2011

You can't get out of paying your taxes no matter how many times you file bankrupcy also you can't get out of paying child support but if your on disablity or unemployment you can petition to have your child support amount reduced due to change in circumstance.

 
 

Answer 2/2 - Submitted 6/1/2011

Under chapter 13 and chapter 7 you will still be liable to pay taxes.
Any outstanding taxes due will need to be paid, this will involve any child support payments owed, state and federal taxes.
As the part of the chapter 7 you could arrange to have the payments made at an amount that can afford, check with your attorney to see how much has been allocated, this amount has to be manageable amountto pay under your chapter 7 determined by the courts.
Please visit the website georgia department of revenue at www.dor.ga.gov for more state IRS information for more help

 
 
 
 
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