Get Out of Debt Guy - Steve Rhode

How Should I List My Past Due Taxes on My Chapter 13 Bankruptcy Filing? – David


“Dear Steve,

I live in California, I was married and my wife and I got into severe ($80,000+)debt and($50,000+) tax trouble. We filed for Chapter 13 in 2004 and erased the debt but left the taxes with the plan of filing Chapter 13. That never happened. We were separated then and finally got divorced in 2009. I remaried in 2009. I have had more taken out than I owed for taxes since 2004. I have now about $3000 in small miscellaneous debts which I am happy to pay, but still have half of ($50,000) in federal and state tax debts.

I am in the process of filing Chapter 13 and need to know how to list taxes that are should be discharged as they are over 3 years old and were filed more than three years ago on a bankruptcy form?


Dear David,

You really need to use the services of an experienced bankruptcy lawyer to assist you with this. If you are trying to do this yourself it is a classic situation where a simple mistake on the filing can land you in trouble, problems, and potentially hot water for not doing it right.

Don’t rely upon a para-professional or a casual observer for this critical issue. Go see a local bankruptcy attorney for professional assistance. Even if you want to do this yourself, at least pay the attorney to advise you about what pitfalls to avoid in claiming back taxes in a Chapter 13.

I would no more file my own bankruptcy than I would try to fill my own cavity as a lay dentist. I’m not scolding you, just trying to get you to do this right, once, and avoid a mistake that can surface latter that will cost much, much more to fix.

P.S. Be sure to read ‘The Secret of Surviving Through Difficult Economic Times. What I Learned On My Journey‘.