IRS Taxes and Chapter 13 Bankruptcy

Navigating IRS Taxes and Chapter 13 Bankruptcy: Your Ultimate South Carolina Guide

Managing taxes can be a daunting task for many individuals, especially if they are facing financial difficulties. When bankruptcy comes into the picture, dealing with the Internal Revenue Service (IRS) and tax obligations becomes even more complex. In this blog, we will explore how Chapter 13 bankruptcy can provide relief and help you manage IRS taxes effectively. Specifically, we look at can Chapter 13 eliminate or wipe out IRS taxes

  1. Understanding Chapter 13 Bankruptcy:

Chapter 13 bankruptcy is a viable option for individuals who find themselves burdened with debt but have a steady income. Unlike Chapter 7 bankruptcy, which involves liquidating assets to pay off debts, Chapter 13 allows you to create a repayment plan over three to five years to settle your obligations.

  1. The Automatic Stay and its Impact on IRS Taxes:

One significant advantage of filing for Chapter Chapter 13 bankruptcy is the automatic stay provision. Upon filing, the automatic stay comes into effect, immediately halting all collection efforts by creditors, including the IRS. This means no more harassing phone calls or wage garnishments from the tax authorities during the bankruptcy period.

  1. Priority of IRS Taxes in Chapter 13 Bankruptcy:

When it comes to repayment priority, IRS taxes are categorized as either priority or non-priority claims. Priority tax debts are given precedence and must be paid in full during the repayment plan. These taxes typically include income taxes that were due within the last three years, as well as any tax liens.

  1. Managing Non-Priority IRS Taxes:

While priority taxes must be repaid in full, non-priority IRS taxes are treated like unsecured debts in Chapter 13 bankruptcy. The repayment plan will outline how much, if any, of these non-priority taxes need to be paid back. In many cases, some of these tax debts might be discharged upon successful completion of the bankruptcy plan.

  1. The Importance of Accurate Tax Returns:

To ensure a smooth bankruptcy process, it is vital to have accurate and up-to-date tax returns. Failure to file tax returns or providing incorrect information can result in your case being dismissed or, worse, seen as an attempt to defraud the system.

6. Guidance from Bankruptcy Attorneys:

Navigating the intricacies of IRS taxes and Chapter 13 bankruptcy can be overwhelming, which is why seeking the expertise of a qualified South Carolina bankruptcy attorney is crucial. These professionals understand the nuances of bankruptcy laws and can help structure a repayment plan that considers your IRS tax obligations.

  1. Creating a Feasible Repayment Plan:

With the assistance of your South Carolina bankruptcy attorney, you will develop a repayment plan that fits your financial situation. This plan will take into account your regular income, living expenses, and outstanding IRS tax debts. Once the court approves the plan, you will make regular payments to a bankruptcy trustee, who will then distribute the funds to creditors, including the IRS.

  1. Completion of Chapter 13 Bankruptcy:

Upon successful completion of your Chapter 13 repayment plan, you will receive a discharge, releasing you from any remaining eligible debts. However, it is essential to remain diligent in fulfilling your tax obligations in the future to avoid falling into a similar financial situation.


Chapter 13 bankruptcy can offer a viable path to manage IRS taxes and regain control of your financial life. By understanding the priority of tax debts, adhering to accurate tax filings, and seeking expert guidance, you can make the most of this bankruptcy option. Remember that each individual’s financial situation is unique, so consult with a qualified bankruptcy attorney to determine the best course of action for your specific circumstances. Take the first step towards financial freedom today.

Stone Law Firm has offices in Columbia, Florence, Spartanburg however we represent the whole state to include people from Spartanburg and Charleston.


- Stone Law Firm