IRS Overpayment

[Mv65]

I am 10 months into a chapter 13 bankruptcy. IRS Filed a claim 9K is secured and 41K is secured for 2013 taxes and penalties is . The problem with this is it was all taken care of Spring of 2015 with an accepted Offer in compromise which has been paid in full. I currently do not owe IRS any taxes.
The reason IRS even filed a claim, is my attorney listed IRS in the Bankruptcy paperwork because I owed about 2k in taxes from 2015. We filed Dec 23 of 2015 I just needed to pay them in spring of 2016.
I have given my attorney the paperwork from the offer being accepted, and paperwork after it was paid in full. He has had this paperwork for 4 months now.
So the current problem is the attorney is not working to get this removed from the bankruptcy and the trustee is starting to pay IRS on the secured portion of the taxes.
My question is what happens to the money that is going to IRS that is not owed to them.

I have one other issue I need to get possibly resolved besides this with IRS then I would be paying all claims 100%. That will be for a later post.

[justbroke]

I don't know. You could call the IRS and see if you have a "refundable credit" on your count because they are treating the payments as estimated tax payments.

Your attorney may have to file a motion to modify the confirmed plan. The Trustee is only allowed to pay what the plans says to pay and you probably have that "priority unsecured claim" in your Plan. Additionally, the Trustee may treat that as disposable income, so tread lightly.

[Mv65]

Yes you are right it is a priority unsecured claim. My main problem is getting my attorney to act on this. He has everything he needs, now he just needs motivation to do the job he has been paid to do.