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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?
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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