The waiting period between two successive Chapter 13 proceedings is two years (11 U.
It also explains the "means test" under which an individual debtor may be eligible for debt relief in bankruptcy via a Chapter 13 proceeding and not a liquidation.
19) In lieu of having the Chapter 7 petition dismissed, an individual debtor who fails the means test, and cannot otherwise prove that the Chapter 7 filing is not abusive, has the option of converting his or her bankruptcy case to a Chapter 11 or Chapter 13 proceeding.
The 2005 bankruptcy legislation essentially eliminated what had been known informally as the "super discharge," (45) by reducing the types of debts that can be discharged without being paid in a Chapter 13 proceeding.
The IRS can treat the 2007 obligation as largely secured by its lien, meaning it will receive nearly full payment of a debt that otherwise would be eliminated by the Chapter 13 proceeding.
74) Where a return is prepared by the IRS based on knowledge of IRS employees, testimony, and other sources, and not signed by the debtor, any associated tax would survive in a Chapter 13 proceeding.
A further difference is that, unlike a liquidation, a Chapter 13 proceeding can be used to discharge priority taxes paid with a credit card, provided the debtor originally intended to pay the card in full.
If B filed his 2007 return before May 1, 2010, his 2007 tax debt may be eligible for discharge in any type of Chapter 13 proceeding, since the return was submitted more than two years before the May 1, 2012, bankruptcy petition.