In your case, all of the IRS claims will be treated as unsecured debt and will be considered a part of the permissible limit in bankruptcy.

Am about to file Chapter 13. The proof of claim from IRS states that my unsecured claim is around 320K. Out of that only around 120K is the actual debt owed. The rest are all interests and penalties. Wanted to know about the maximum unsecured debt limits in Chapter 13 and would all of the IRS dues be considered a part of that? OR only the actual owed amount would?

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The present unsecured debt limit in a Chapter 13 bankruptcy is $360,475 while the secured limit is $1,081,400.

In your case.. all of the IRS claim, i.e. $320K will be treated as unsecured debt and will be considered a part of the permissible limit.


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