Taxes in Chapter 13 Bankruptcy
One of the most powerful attributes of Chapter 13 is its treatment of tax
liabilities for which the taxing authorities don't file a claim:
if no claim is filed, the tax is
discharged upon completion of the plan, even though under no other legal
theory could the debtor escape liability without payment!*
Chapter 13 can therefore be used to make the taxing authorities come forth
and assert any claims they have, or risk being discharged.
This may be particularly powerful where individual corporate officers may
have liability for unpaid trust fund taxes which have not been assessed against
the individuals. If the taxing authority does not file a claim
within the time period set out in law (6 months from filing) then the
taxing authority loses its rights to assess or collect the tax after the Chapter
13 discharge.
If a claim is filed, the debtor can pay it according to the priority of the
tax and the terms of the plan. If there is a dispute about the calculation
of the tax or the debtor's liability for the tax, the bankruptcy court has
jurisdiction to hear and decide the dispute.