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    #16
    Can anyone tell me what happens if the IRS does not file a claim even though they were included in the bankruptcy filing?
    Are they allowed to collect after the case is closed?

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      #17
      Originally posted by nervousnellie View Post
      Can anyone tell me what happens if the IRS does not file a claim even though they were included in the bankruptcy filing? Are they allowed to collect after the case is closed?
      Even the mighty IRS has to obey the bankruptcy rules. In Ch 13 as a government agency they have 120 days to file a claim. If they were properly notified but still don't file a claim, then you are now tax-free!

      Don't think I would hold my breath though....in our case the IRS (US Treasury) filed their claim almost immediately after receiving notice. They even beat our car and mortgage lenders!
      I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

      06/01/06 - Filed Ch 13
      06/28/06 - 341 Meeting
      07/18/06 - Confirmation Hearing - not confirmed, 3 objections
      10/05/06 - Hearing to resolve 2 trustee objections
      01/24/07 - Judge dismisses mortgage company objection
      09/27/07 - Confirmed at last!
      06/10/11 - Trustee confirms all payments made
      08/10/11 - DISCHARGED !

      10/02/11 - CASE CLOSED
      Countdown: 60 months paid, 0 months to go

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        #18
        Irs

        Our case has been discharged and closed.Do you think we're really off the hook since no claim was filed?

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