bankruptcy claims priority
How Long Must I Wait To Re-File Ch. 13 Bankruptcy Case?
Debtor has a 5 year plan to pay his portion (1/2) of back taxes from divorce (per decree). After 4 years, IRS now says plan must pay 100% of the taxes (get it back from wife, says IRS). Debtor cannot make a plan for 100% of priority claims over last year of Ch. 13 Plan.
If Debtor voluntarily (as opposed to involuntarily for failing to make payments) dismisses Ch. 13 action, how long must he wait to re-file. This is important, to avoid the interest and penalties (stayed during bankruptcy) from being applied and IRS issuing a tax lien (resulting in a secured claim).
The IRS is one of those exemptions for the most part. You can get more information at:
http://www.uscourts.gov/bankruptcycourts/bankruptcybasics/chapter13.html#discharge
and
http://www.totalbankruptcy.com/bankruptcy_basics_more_information.htm (they show on their timeline “Four Years Before Your Bankruptcy: You are not eligible for a discharge under Chapter 13 if you received a previous discharge under Chapter 7, 11 or 12 within the prior four-year period. If the prior case was a Chapter 13, you must wait two years before you are eligible for another Chapter 13 discharge”). Your only recourse may be to take your ex-spouse to cournt and get a judgement.
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