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Chapter 13 with a job that pays Commission/pay isn't steady (tax question also)

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  • Chapter 13 with a job that pays Commission/pay isn't steady (tax question also)

    I had a question about this, mainly because my new job pays pretty well hourly, we just got bumped up to $19.42hr because of a Union contract (AT&T/CWA). Now the tricky part is the Commission, and my location. I've been in training since the end of January, and have been talking to all the reps about what their Commission checks average at. I get the same answer "it depends on the month", and they rake in the $$$ specifically in August and the holidays. Average commission check is around $1100-2000 on a slow month, but the good months they are literally doing $2500-3500 per month. This job pays roughly $47-$70k depending on how much you want to sell etc.

    How would this play out in a Chapter 13, let's say your monthly payment determined by the Trustee is $700 for 5 years, would they take extra money that I made on those good months? I'm not sure.

    Originally I was going to do a Chapter 7, but this job pays too much to be approved for that I'm pretty sure.

    Another thing I wanted to ask, I need to pay around $10,000 (much more than I expected) in taxes when I file my taxes soon, I only have around $7,000 to pay. Can the remainder of that tax be added to the Chapter 13 or should I request the Installment plan the IRS offers? My credit cards are still active because I just payed the minimums, can I pay the remaining taxes on the credit cards ($3,000)? But again, I don't know how that would work out in a Chapter 13.

    Thanks in advance, This forum has been great and I've learned so much especially from justbroke and others.
    Last edited by Trevor; 02-10-2018, 08:43 PM.

  • #2
    First of all, you can't pay non-dischargeable debt (taxes) using dischargeable debt. If you do, that dischargeable debt would just become non-dischargeable. So, bad idea, your creditors will be ANGRY, and that's bad. Your taxes are considered priority unsecured debt, which means they get paid before your unsecured debts in a Chapter 13 plan. And the rule about not paying creditors more than $600 in the last 90 days may not apply for priority unsecured debts. Otherwise, the trustee could sue the IRS, then use the proceeds to pay the creditors, which by rule would go back to none other than the IRS as I just described. So you could use your cash to pay the taxes, but I'd advise consulting with your attorney first if you have one.


    • #3
      Thank you! Yeah I'm going to file Chapter 13 in around 3-4 months maybe even more. I just wanted to know the details, thank you. I can save the rest of the $$$ to pay the IRS in the next 3 months, it's my game plan, I just wanted to ask questions on the subject.


      • #4
        Im in the middle of a chapter 7 but I'm not sure about how 13's work .You may be able to include the taxes into ch 13 payment plans but you must pay them in full (throughout your plan) even if you aren't able to pay your other unsecured creditors in full. So don't sweat it if you cant pay in full by the time you file. But if you have a stash of cash that's not a bad way to spend it. If you have $7k spend what you can on taxes spend the rest on necessities and put the balance in your plan.

        Sounds like you have a very qualified attorney judging from your other posts. Although I would see no issue with offloading your cash on the IRS I would still contact your attorney before doing so.


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