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    Questions about claims

    Now that all the claims are in, I have a few of questions.

    1. My mortgage company filed 2 claims, one for the arrears, which I understand and the other one for the balance of the orgininal mortage. The claim for the original mortgage is about 4k higher than the balance that appeared on my monthly statement. Should I/Can I contest this?

    2. Attorney #1 filed 2 claims on behalf of the Truck creditor. One for the secured portion and another for an unsecured amount. After the MTLS was finalized, there was a correction for the secured claim that includes the total of the agreement. But the claim that was filed by Attorney #1 for the unsecured amount is still showing on NDC. Shouldn't something happen to this claim, shouldn't it reduce to zero?

    3. There were two claims for American Express, one for the Gold card and one for the Blue card. The amounts are posted on NDC wrong. The Gold balance is applied to the Blue card and the Blue balance is posted to the Gold card. Is this a big deal, does it need to be corrected?

    4. The IRS claim is incorrect. I filed for $7800 and the IRS filed a claim for $1200, which has since been paid with a refund that was being processed when I filed, but they didn't address the $7800 because although I am ultimately responsible for this amount in the form of a trust fund tax, they apparently aren't aware of it. because it was filed under the corp tax id. What do we do about this?

    Obviously, I don't trust the attorney to get it right...they haven't gotten anything right yet.

    Thanks
    I used to have a life, now I have grandkids.

    #2
    1. The claim for the balance of the mortgage note really shouldn't matter unless you're going to pay off your mortgage while in Chapter 13.
    2. If one claim has the balance of your entire agreement, as it stands at this moment, the other should list $0.
    3. If the amounts are right but just switched around, that's no biggie. AMEX will get what they're supposed to get regardless.
    4. I think you can file a claim on behalf of the IRS for the amount of the trust fund tax - so that you can be sure that it's paid.
    DISCLAIMER: I am not an attorney. My posts are not legal advice. They are for information only. Please feel free to use them in an academic sense, as I simply wish to share with you what I have learned/researched.

    Comment


      #3
      If the taxes are owed by the corporation, and the corporation didn't file bankruptcy, then why would the IRS file a claim against it?
      Chapter 13 Filed 4/03/06 :blink: 341 Meeting Complete 5/11/06 :yes2:
      Plan Confirmation 6/16/06 :yahoo:
      Discharged: 1/5/2010 :yahoo::yahoo::yahoo::yahoo:

      Comment


        #4
        Originally posted by aa06a47 View Post
        If the taxes are owed by the corporation, and the corporation didn't file bankruptcy, then why would the IRS file a claim against it?
        Because if the corporatin doesn't pay the payroll taxes, they fall back on the officers in the form of Trust Fund Taxes, which are not dischargable. I want to pay them off with the Bk to avoid the penalties and interest. We may have to file a claim for them because enough time hasn't lapsed for the IRS to know that the corp didn't pay them.
        I used to have a life, now I have grandkids.

        Comment

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