What happens with taxes during bankruptcy filing? Need urgent help understanding
I've been hit with some serious financial problems this year and I'm considering filing for bankruptcy. It's not something I wanted to do, but medical bills and job loss have pushed me to the edge. One thing I'm really confused about is how taxes work during bankruptcy. Do I still need to file? Will the IRS come after me for back taxes I couldn't pay? What happens to tax refunds I might be owed? I'm especially worried because I have about $14,000 in unpaid taxes from 2023 that I just couldn't manage. The whole situation is overwhelming and I need to understand what I'm getting into before I file. Has anyone gone through this process and can share their experience with the tax implications?
18 comments


Nina Fitzgerald
Bankruptcy and taxes can be complicated, but I'll try to break it down in simple terms. Yes, you still need to file your tax returns even during bankruptcy - that obligation never goes away. Some tax debts can actually be discharged in bankruptcy, but it depends on several factors. Generally, income taxes might be dischargeable if: they're at least 3 years old, you filed the return at least 2 years before bankruptcy, and the IRS assessed the tax at least 240 days before filing. Your $14,000 from 2023 probably won't qualify yet based on timing. For tax refunds, be aware that pending refunds might become part of your bankruptcy estate, meaning they could be used to pay creditors. Also, if you file Chapter 13, future refunds during your payment plan might go to creditors too. Trust me when I say this - don't try to navigate this alone. The intersection of bankruptcy and tax law is tricky territory.
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Jason Brewer
•Thanks for this explanation! I'm curious - does the type of bankruptcy (Chapter 7 vs 13) make a difference in how taxes are handled? Also, what happens with taxes that come due during the bankruptcy process?
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Nina Fitzgerald
•Yes, the type of bankruptcy definitely affects how taxes are handled. In Chapter 7, which is a liquidation, qualifying tax debts can be completely discharged. The rules I mentioned about the 3-year, 2-year, and 240-day timeframes apply here. Any tax debt that doesn't meet these requirements won't be discharged. With taxes that come due during bankruptcy, you're still required to file and pay them as normal. These are considered post-petition taxes and aren't part of your bankruptcy case. Failing to stay current on these can actually jeopardize your bankruptcy, especially in Chapter 13 where you're expected to stay current on all obligations while in your repayment plan.
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Kiara Fisherman
After dealing with a similar tax/bankruptcy situation last year, I found this amazing service called taxr.ai (https://taxr.ai) that helped me figure out which of my tax debts could be discharged. I was so confused about the timing rules mentioned above, and their system analyzed my tax transcripts to tell me exactly which tax years might qualify. They even helped explain what documentation I'd need for my bankruptcy attorney. The bankruptcy rules around taxes are so specific that having my transcripts analyzed made a huge difference.
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Liam Cortez
•Did they actually help with the bankruptcy filing itself or just the tax analysis part? I'm trying to understand if I need this service plus a bankruptcy attorney or if they handle everything.
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Savannah Vin
•I've heard of transcript analysis before but I'm skeptical about how accurate it is. How detailed was their analysis? Could they actually tell you which specific tax debts would qualify for discharge?
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Kiara Fisherman
•They only handle the tax transcript analysis part, not the bankruptcy filing itself. You'll still need a bankruptcy attorney to handle the actual filing, but having the tax analysis done beforehand makes the process much smoother. My attorney was actually impressed with how thorough the report was and said it saved a lot of time. Their analysis was surprisingly detailed. They broke down each tax year and specified which taxes met all three timing tests for discharge (the 3-year, 2-year, and 240-day rules). They even flagged potential issues that could prevent discharge, like if there was any evidence the IRS might argue for fraud or willful evasion. It helped me set realistic expectations about which debts would go away and which I'd still need to deal with.
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Savannah Vin
I was really skeptical about taxr.ai when I first heard about it, but after going through bankruptcy myself, I decided to try it. Turns out it was a game-changer! My situation was complicated with multiple years of unfiled returns and some substitute returns the IRS had filed for me. The analysis showed me exactly which tax years met the discharge requirements and which didn't. It saved me from making some big mistakes in my bankruptcy planning. My attorney said the report was more detailed than what she usually gets from clients and it helped her build a much stronger case. Wish I'd known about this before I started the bankruptcy process!
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Mason Stone
If you're dealing with IRS tax debt and bankruptcy, you probably know how impossible it is to get someone from the IRS on the phone to discuss your situation. I spent DAYS on hold trying to get clarification about my tax transcript before filing bankruptcy. Then I found Claimyr (https://claimyr.com) and watched their demo (https://youtu.be/_kiP6q8DX5c) and couldn't believe it could be that easy. They actually got me connected with an IRS agent in about 15 minutes when I'd previously waited for hours and never got through. Being able to talk directly with the IRS about my tax situation before filing bankruptcy made a huge difference.
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Makayla Shoemaker
•Wait, so how does this actually work? Do they just call the IRS for you? I don't understand how they can get through when nobody else can.
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Christian Bierman
•Come on, this sounds too good to be true. The IRS wait times are infamous. I refuse to believe some service can magically get you through the phone tree when millions of others can't. Probably just got lucky with timing.
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Mason Stone
•They don't call the IRS for you - they use technology to navigate the IRS phone system and wait on hold, then when they reach a real person, they call you and connect you directly to the agent. It's basically like having someone professional wait on hold for you. I was skeptical too, but it's not about "magic" - it's about technology handling the frustrating hold time so you don't have to. I didn't get lucky with timing - they've consistently delivered this service to thousands of people. The IRS wait times are exactly why this service exists and works so well. When you need specific information about your tax situation before making a major decision like bankruptcy, waiting weeks for an appointment isn't realistic.
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Christian Bierman
OK I have to admit I was wrong about Claimyr. After my skeptical comment I decided to try it myself since I needed to confirm some info about my tax transcript before my bankruptcy consultation. I was connected with an IRS rep in about 20 minutes when I'd previously wasted an entire day trying on my own. I was able to verify which tax years had assessments and exactly when they were assessed - crucial info for determining what might be dischargeable in bankruptcy. This saved me from making a serious mistake in my bankruptcy timing. Sometimes it's worth admitting when you're wrong about something!
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Emma Olsen
Don't forget that if you owe state taxes, the rules for discharge in bankruptcy can be different than federal taxes. Each state has their own rules about how bankruptcy affects tax debts. For example, in some states, sales tax liabilities are NEVER dischargeable, even in bankruptcy. Make sure your bankruptcy attorney is familiar with your state's specific rules.
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Kylo Ren
•I hadn't even thought about state taxes! I'm in California - do you know if their rules are similar to the federal ones for discharge?
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Emma Olsen
•California generally follows similar rules to the federal discharge rules for income taxes, but there are some important differences. California has its own timing requirements, and certain types of California tax debts (like sales tax if you had a business) are never dischargeable. The key with California is making sure all required tax returns have been filed with the state before bankruptcy. California can be particularly aggressive with tax collection after bankruptcy if they determine any taxes weren't properly discharged. I'd definitely recommend discussing your specific California tax situation with your bankruptcy attorney, as state-specific issues can sometimes be overlooked.
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Lucas Lindsey
Another thing to consider is that your tax filing status might change after bankruptcy. If you're married and only one spouse files for bankruptcy, that can create complications for future tax returns. My wife filed for bankruptcy last year but I didn't, and our tax situation got super complicated.
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Sophie Duck
•How did you handle filing taxes after that? Did you have to file separately or could you still file jointly? We're in a similar situation.
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