7 or 13?

[ChristyA]

Good morning forum... some questions about whether I should file a 7 or a 13... an attorney informed me that I qualify for either. My dilemma is that I have both a student loan (which I know cannot be discharged) as well as taxes owed (2011 and 2013 totally $50k from ex-husband and filing jointly). The attorney informed me that taxes will not be discharged in a 7 but I could maybe work out less owed by negotiating with IRS if I choose a 7. If I go with a 13, then taxes would be included in the total debt and I would resolve them that way... it’s looking like my monthly payment would be around $700 for the 13. I’m just unsure as to the direction I should go... and would really appreciate some feedback. I also want to consider the impact on credit between a 7 and a 13. Or is it the same impact regardless?

Thanks in advance! 😀

[shipo]

Question #1: Are all of the outstanding taxes falling on your shoulders, or are you just talking about your portion?
Question #2: Is it your income or your ex-husband's income which is the cause of the tax liability, or both?

I asked the above because when I filed my Chapter 13 my wife and I were separated and I inherited a significant tax liability from her; my attorney worked out a deal with the IRS where my plan only had to pay something like $1,500 and the rest was up to her. I don't remember the specifics of the how and why of what she did, but it definitely made my Chapter 13 years easier.

[ChristyA]

Great questions!
#1... the tax liability is for both of us because we filed jointly. He is the primary, though, and I paid taxes with my income, so it’s all attributed to his income. It’s not about my portion because we filed jointly... so it’s both of us but if you’re asking about whether I paid taxes on my own income from my job, the answer is yes. He did not.
#2... just answered that. It’s his income.

I appreciate your feedback and will bring this up to the attorney that I am working with to see if this applies to me as well. Thank you!!!

[shipo]

My wife and I filed jointly as well, however, when push came to shove, my attorney was able to make a case with the IRS to apportion the bulk of the tax liability to her. Hopefully you can work with your attorney to come to that type of solution as well.

[ChristyA]

Ok yes, I will definitely be addressing this with my attorney! Thanks!