new here!

[buchanj]

Hello been lurking for quite awhile.
I am currently in a chapter 13 bk. The reason why I am in this is my stupidity, I failed to file income taxes for the last 8 years and the IRS came after me. I got an attorney and we got all the returns done and basically they wanted 700 dollars a month till the bill was paid. The total was 44000 and they still were adding interest and penalties.
700 + all my bills = impossible to complete. I went the route of BK in the hopes of having a plan that will work and limit the # of years of payments.
The att. thought all of the 44000 was a priority claim so he made the IRS and his fees and the trustee fees priority and the credit card bill as non- priority.
He came up with a payment of 857 per month for 5 years.
At the 341 meeting the trustee informed us that the judge doesnt like 0% repayment on non- prority claims and also didnt like the fact that I have a $512 car payment.
It did turn out that the IRS only has 10000 dollars as priority so the rest will get a % so hopefully I can keep my car.
Feb 14 is the court date and my lawyer wants me there. Hopefully things can be worked out. Theres my story...any advice or questions?

[dp1969]

Buchanj-

Welcome and hope you get the advise you've been looking for.

Can't give you information regarding your situation but you might think about getting HHM to move this to the Chapter 13 thread.

Stupidity is all relative, here. I prefer to have "made mistakes" but in the short time on this forum, have picked up quite a bit of information & support.

Good Luck!!

[buchanj]

question

I read pacer and found out a creditor from 1995 (amsouth) a charged off card that hasnt been on my credit report since 2002, put in a claim? Is that proper? I didnt list them as a creditor?

[buchanj]

anyone?

1.took shower....check
2. breath....ok
3. combed hair...ok

[Flamingo]

I read pacer and found out a creditor from 1995 (amsouth) a charged off card that hasnt been on my credit report since 2002, put in a claim? Is that proper? I didnt list them as a creditor?

Was the debt listed under another name in your filing, i.e. collection agency or a sold account? Check with your attorney. And welcome aboard!

[buchanj]

yes.....I guess someone bought the account. Does statutes of limitations work against them? 1999 was the last year they could have sued me and it fell off my credit report in 2002

[Flamingo]

yes.....I guess someone bought the account. Does statutes of limitations work against them? 1999 was the last year they could have sued me and it fell off my credit report in 2002

It all depends on what state you live in. Since it is already included in your filing, you will need to check with your attorney as to what, if anything, can be done. Keep us informed.

[rrockinggramma]

object to the claim and use SOL expired as your defense and see what happens. The worst case scenario is that the creditor would get something from your chapter 13, best case, he get nothing.