Sure...any creditor can. Not at all sure why they would!
As long as your Lawyer says.
can the IRS take your check if you file bankruptcy , chapter 13 or will I have to submit the check to them once received.
Yes.
After the Chapter 13 plan has been successfully completed and the Trustee so certifies. Some courts require filing a motion or request for a discharge.
Typically a Chapter 13 bankruptcy will require you to enter into a payment plan with the IRS, and interest will be frozen as of the date that you file your bankruptcy petition.
Request a voluntary dismissal of the BK 13, and find another attorney if necessary.
Sometimes, a debtor who cannot meet the obligations of the payment plan imposed by Chapter 13 Bankruptcy may wish to switch to Chapter 7. This can be done once for any reason, without court approval. However, to switch back, approval of the bankruptcy court is required, and they will rarely allow a debtor to make multiple switches. Note that in switching from Chapter 13 to Chapter 7, much of your property is now up for grabs to be sold off to pay your debts. However, if you cannot make the payments under a Chapter 13 bankruptcy, switching to Chapter 7 may be your only option.
Many people are unable to maintain the rigid repayment plans (and strict budget) that go along with Chapter 13 bankruptcy. One option is to switch to Chapter 7 bankruptcy. This can be done (one time) without court approval, although if you ever wish to switch back to Chapter 13 then the court will be involved. Before switching I would recommend looking at the different characteristics of each type of bankruptcy.
Yes. Its called Conversion. Speak with an attorney about your specific situation. If you can not find an attorney, contact your local Bar association and they will refer you to one.
A Chapter 7 can be filed with an open Chapter 13.
What is Legal to file Chapter 13 on ?
If you still owe federal income taxes, they will. But if they don't take it, the chapter 13 trustee gets the tax refund. You should have listed any income taxes that were dischargeable (due more that 3 years prior to the filing date).