IRS made claim for 8500.00

[missem]

IRS made claim for 8500.00 on pacer it states it is an unsecured debt. Can someone tell me how this works with the IRS.

[qwertysue]

Priority: The Bankruptcy Code establishes the order in which claims are paid from the bankruptcy estate. All claims in a higher priority must be paid in full before claims with a lower priority receive anything. All claims with the same priority share pro rata. Claims are paid in this order: 1) costs of administration 2) priority claims and 3) general unsecured claims. Secured claims are paid from the proceeds of liquidating the collateral which secured the claim.

Priority claims: Certain debts, such as unpaid wages, spousal or child support, and taxes are elevated in the payment hierarchy under the Code. Priority claims must be paid in full before general unsecured claims are paid.

[CityGirl]

Is this question posted twice somewhere or am I losing it?? LOL

[dovette7]

What did you list as owing the IRS? If you owed taxes, for what years and what was the penalty and interest?

I owed $10500 in taxes for 2005. The IRS filed a priority claim for $10,500 and an additional $4500 unsecured claim for the penalties and interest.

Was all of there claim unsecured?

[CindyLou]

It's all UNSECURED, but the actual taxes are PRIORITY and the penalities and interest are just UNSECURED. In other words, the penalites and intrested fall into the same category as your bank of american or chase credit cards and your actual taxes would fall into the same category as say your child support or spousal...in terms of who gets paid first.....and these are both completely seperate categories from your SECURED creditors such as your car loans and your home loans? make sense?

[missem]

We didn't list for taxes when filing. There was like two years before my husband became disabled when he didn't file they are from 2001 & 2002. Pacer is listing it as unsecured debt, Im really confused about all this but we have a meeting tomorrow with attorney & maybe he can explain it to us.

[missem]

This was totally new to us we did not know we owed those taxes, the IRS never contacted us & once my husband became disabled he had no need to file after that. Im just hoping it doesn't make our trustee payment jump up too much.

[CindyLou]

anytime you file for BK the IRS and the Taxation Dept of the State in which you file is automatically notified of the filing. When that is done they will then go back and see if you either owe or have failed to file. It is quit possibly a mistake.. The IRS mistakenly filed a claim on my brother's chpt. 13 and then came back and corrected it without any problems. Just a quick question: why did you stop filing when you husband became disabled? Is he receiving disability payments? Social Security? Are you sure any payment, if any, he is receiving are not taxable? Just a thought..

[CATCHMEIFYOUCAN]

Bk - Irs - State

anytime you file for BK the IRS and the Taxation Dept of the State in which you file is automatically notified of the filing. When that is done they will then go back and see if you either owe or have failed to file. It is quit possibly a mistake.. The IRS mistakenly filed a claim on my brother's chpt. 13 and then came back and corrected it without any problems. Just a quick question: why did you stop filing when you husband became disabled? Is he receiving disability payments? Social Security? Are you sure any payment, if any, he is receiving are not taxable? Just a thought..

Really ??? I thought they were separate entities (spelling?) I thought the BK courts had no relation to the IRS/State, UNLESS you owe (than you would list them on your schedules as a debt ??? Hmmm, interesting ...

I guess the whole world knows you filed BK !

Just thinking, CMIYC

[CityGirl]

what if you owe taxes for another state?
I owe for the State of Alabama back taxes from 2003. I only have about $700 to go but do they get notified?

[missem]

I still file individually but my husband received social security & he isn't required to file. I was reading on another website that the taxes could possibly be discharged if they are over 3 years old, anyone know about that?