What are the tax consequences of Chapter 13 Bankruptcy?
In Virginia, filing for Chapter 13 Bankruptcy may have some tax consequences. Typically, most taxes that are due and owing can be included in a Chapter 13 Bankruptcy repayment plan. However, this only applies to certain taxes that are non-dischargeable. Generally, taxes are discharged in a Chapter 7 Bankruptcy, which means that the debtor is no longer liable for the taxes. In a Chapter 13 Bankruptcy, a repayment plan is created, and the debtor must make payments on the dischargeable taxes over 3 to 5 years. The amount that must be paid will depend on the amount owed and what the Bankruptcy court decides is a reasonable payment. Generally, the debtor will only have to pay a portion of the taxes due, as the interest and penalties associated with the taxes are discharged. In some cases, the debtor may have to pay all of the taxes owed, depending on their income and expenses. Unsecured creditors, such as tax debt, cannot be paid in full through the repayment plan, so the debtor may be required to pay the taxes in full. The Bankruptcy court will also take into account any income tax refunds that are due to the debtor when determining the repayment plan. In conclusion, the tax consequences of Chapter 13 Bankruptcy in Virginia will depend on the amount of taxes owed and the repayment plan created by the Bankruptcy court. Generally, the debtor will only have to pay a portion of the taxes, but in some cases, the taxes may have to be paid in full.
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