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INCOME TAX DEBTS IN CHAPTER IN CHAPTER 13

October 1, 2013

REMEMBER THE INTEREST CHARGES

When your Chapter 13 plan proposes to pay delinquent income taxes, be mindful that some income taxes may not be non-dischargeable debts under 11 U.S.C. 507(a)(8)(C) and if the income tax debt is non-dischargeable, then the interest on the income taxes is also non-dischargeable. The First Circuit Bankruptcy Appellate Panel, in a recent decision, serves as a reminder that when your plan proposes to pay delinquent income taxes, it’s usually a best practice to pay interest on a tax claim that is paid through a Chapter 13 plan, otherwise, any unpaid interest on the tax bill, may survive the final bankruptcy discharge and may still be there, waiting for you.  For more information on this case, please see:   USA vs. Monahan, United States Bankruptcy Appellate Panel for the First Circuit, No. MB 12084 (Sept. 19, 2013). http://volo.abi.org/united-states-of-america-v-monahan

Income taxes are a source of anxiety for many consumers and businesses.   Tax debts can quickly get out of hand.   It’s not surprising that debts owed for past income taxes are often a major reason why consumers and businesses seek the assistance of a debt relief attorney.   The attorneys at Resnick & Moss, P.C. can provide the legal advice and recommendations you may need. Please do not hesitate to call or contact via email, Resnick & Moss, P.C., at (248) 642-5400, for a free telephone consultation.

Filed Under: Michigan Bankruptcy

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Our firm’s practice areas include:

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  • Chapter 7 Bankruptcy
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  • Chapter 13 Bankruptcy
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Attorneys at Resnick Law, P.C. serve clients in Bloomfield Hills, Metro Detroit, the Tri-County Area and throughout southeast Michigan, including: Oakland County, Wayne County, Macomb County, Livingston County, Genesee County, Washtenaw County, Lapeer County, St. Clair County, Birmingham, Rochester Hills, Rochester, West Bloomfield, Bloomfield Township, Novi, Royal Oak, St. Clair Shores, Grosse Pointe, Walled Lake, Ferndale, Berkley, Sterling Heights, Clarkston, Farmington Hills, Ann Arbor, Howell, Brighton, Mount Clemens, Flint, Grand Blanc, Livonia, Dearborn, Troy, Plymouth, Pontiac, Northville, Southfield, Warren and Utica.

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