Flint Bankruptcy Attorneys | Chapter 13 Bankruptcy

Bankruptcy Help to End IRS Tax Debt


In some cases, your state and IRS tax obligations can be discharged by filing for Chapter 7 or Chapter 13 bankruptcy. If you’re facing IRS tax debt and need help figuring out the best options for your situation, Flint Bankruptcy Attorney John L. Hicks can help.

In a simple 5-minute phone call, John can answer your questions and help you figure out how to get the IRS off your back and breathe a bit easier.


Discharging Taxes in Bankruptcy

The precise amount of debt relief available to you by filing for bankruptcy depends on a number of factors:

  1. The kind of tax involved
  2. The age of the tax
  3. Whether a return was filed
  4. The chapter of bankruptcy selected

Levies, garnishments, and seizures can be stopped immediately, and generally, taxes that are more than 3 years old can be discharged.

IRS and other tax debt less than 3 years old can be paid through a Chapter 13 plan over time.

Will Filing for Chapter 7 or Chapter 13 Bankruptcy Discharge my IRS Debt?

State and IRS tax dept can be discharged in Chapter 7 and Chapter 13 bankruptcy ONLY if your debt/obligation meets the following 5 conditions:

  1. Your debt is more than 3 years old – This date is measured 3 years from the date the tax obligation was due. For example, a 2018 tax obligation would be due to the IRS on April 15, 2019. That debt can be discharged after April 15, 2022, if the debt meets the other 5 conditions for discharge.
  2. Taxes were filed for at least 2 years – A tax return must have been filed more than 2 years prior to an attempt to discharge the debt.
  3. No assessments in the past 240 days — If there have been any assessments by the IRS within 240 days, the debt may not be dischargeable.
  4. Return was deemed not fraudulent — The tax return must not have been deemed fraudulent by the IRS.
  5. No attempt to evade taxes — There must have been no determination that there was a willful attempt to evade taxes.

John can help you determine if you meet these conditions and find the best next steps for you.

Non-Dischargeable Debt

For individuals with non-dischargeable tax obligations, a Chapter 13 bankruptcy can stop collection, levies, seizures and garnishments and allow the debtor to pay the non-dischargeable debt over 36 to 60 months (3-5 years) while protecting income and assets.


Call An Experienced Bankruptcy Lawyer to end IRS Tax Debt

Resolve your debts and get back on your feet financially by calling our office today at (810) 232-2223, or filling out the contact form. With John on your side, you can get the debt relief you need, and within the first 5 minutes of your conversation with him, you’ll understand your options and be directed to the best route for your situation.