For all practical purposes, yes...agreeably they may actually owe you in the end. But they are a party reasonably with an interest in the filing and need to be notified that they may have a claim. Tax claims actually get a while longer to file than almost all others.
Yes.
The Federal Bankruptcy Court is entirely separate from the IRS. The IRS does not make these guidelines, (if they exist at all). The IRS is basically just another creditor looking to get paid in your bankruptcy case.
can the IRS take your check if you file bankruptcy , chapter 13 or will I have to submit the check to them once received.
The debtor does not "file" a 1099C. The debtor may receive a 1099C from the creditor which also sends it to the IRS. The discharge of the debt in bankruptcy nullifies the 1099C. There is a form or a part of the 1040 set for disclosing this information to the IRS.
Sure...any creditor can. Not at all sure why they would!
It depends on who is garnishing your wages. If it is a creditor than yes, if it is the IRS no.
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.
Student loans are exempt from bankruptcy as are IRS debts
Talk with your bankruptcy attorney. Also, make an appointment with a councelor at your local IRS Field Office. Take all information you have received to date from IRS. It is much better to talk to a local agent face-to-face than try to deal with IRS over the phone. Yes, list it. Even if it cannot be discharged, you still want it listed so that the IRS is given notice that you have entered bankruptcy. I would NOT recommend telling the IRS you are going into bankruptcy. If they know you are about to go into bankruptcy, they will file a tax lien (and if you don't already have one, then you don't want one). The court will notify them once you have filed your petition as long as you list them as a creditor.
The IRS acts like any other creditor only with more power. If you go into bankruptcy, your assets, except for those that are protected are sold and your creditors, including the IRS, get the money. After that, if bankruptcy wipes your record clean, that includes the IRS. There may be other considerations. You will need to discuss the options with your lawyer.
Yes you can file bankruptcy. Whether or not it is dischargeable is another matter. In a Chapter 13, it could be included in your repayment plan. Not sure how it works in a Ch 7.
Filing a bankruptcy stops ALL Garnishments, foreclosures, etc. (Even the IRS)