Legal Question in Bankruptcy in Georgia

Re: Including irs as creditor

Mr. Riddle is entirely correct. but I will add this--

The status of your tax debts depends entirely on whether (and when) you filed your tax returns. Taxes for which returns were filed within three years of bankruptcy (or for which no returns were ever filed) are not dischargeable, and must be paid in your Chapter 13 plan. Other taxes are paid as general unsecured debts (unless liens have been filed, in which case they are secured debts.)

Assuming you want to keep your house and your car, home loans and car loans which are current continue to be paid directly by you, unless the Chapter 13 trustee requires them to be paid through the plan (usually he/she doesn't).

Any more detailed information would require analysis of your situation by a bankruptcy attorney; and I strongly suggest you retain counsel before proceeding with a bankruptcy filing.

Re: Including irs as creditor

Failure to list any creditor is a felony. You can go to jail, be fined and also your bankruptcy case can be denied. Bankruptcy is not a do-it-yourself project. It is complex and you need experienced counsel (I have done them for 28 years if you wish to talk with me about your case). Taxes are usually paid as part of a Chapter 13 (which is a good thing). Usually your car note also is paid through the court. Home loans may be paid outside the plan in most cases. Get one of my free worksheets at www.glenashman.com if we can assist you.

Re: Including irs as creditor

You disclose ALL assets and debts, under penalty of federal prison. You do not pick and choose what you want. How the debts are paid, discharged or otherwise treated is something your bankruptcy lawyer will discuss after getting all of this (and other) information.