CAn my lawyer do this ???

[Old Codger]

Got a letter from my lawyer ( I was surprised considering he never even returns calls) Anyhow it says they raised my pmt by 600.00!!. i called and asked him what was going on and he said that the IRS was in court last week ( I was NOT suppose to be there) and they wanted to raise my pmt so they did. And then he tells me he is trying to keep it as low as possible.

I received nothing in the mail or any other notification that this was going to happen. I've been asking for weeks if we can get some kind of agreement or settlement as to what I owe. I still DONT KNOW!

If they can do this why bother with anything else. Just file and they will let you know what they want and add any fee they want. Thats pretty much whats been happening anyway

[rrockinggramma]

did you owe the IRS a lot of money? the increase must have made the plan "workable" in that the IRS is priority and gets paid off at 100 percent, just no added interest, penalties and fees. And they can't contact you or levy you etc. So I suspect that to make your plan doable to pay the IRS, your payment had to go up.

[AngelinaCat]

Dear Old Codger: You would be surprised at what lawyers do, and DON'T DO, even though you have paid them hard earned money that you don't have. We have had our hard knocks too. I still don't quite know what we may end up doing, but we have fired our attorney and are going pro se ourselves. Here is our latest thread so you can see our experiences:

http://www.bkforum.com/showthread.php?t=25506

If you search our nicknames for other posts, you will find more.

Good luck to you, and I will be following your situation and when we can offer suggestions, we will.

Our Best wishes~~~

[Flamingo]

After going back in your first postings and reading about your situation and this is your third filing, you do have a very complicated situation. A Chapter 13 is based on many factors as to repayment and the IRS, as rrockinggramma states, is priority payment and gets paid at 100%. The IRS can do what they want as long as it falls within the realm of you being able to pay it back through your Plan. They will get taxes due them no matter what as anyone who owes them has found out. Also, it probably took your attorney ages to get the IRS to agree to something as to your Plan and get them in Court. They move at a snail's pace as you know. I would certainly ask your attorney as to a breakdown as to your situation now that your payment has been increased.

[HHM]

Keep in mind "your lawyer" did not raise your payment, the court did. I am guessing there was a feasibility issue because you have priority debt that must get paid therefore the minimum you must pay is higher than what you initially showed as disposable income.

[Old Codger]

After going back in your first postings and reading about your situation and this is your third filing, you do have a very complicated situation. A Chapter 13 is based on many factors as to repayment and the IRS, as rrockinggramma states, is priority payment and gets paid at 100%. The IRS can do what they want as long as it falls within the realm of you being able to pay it back through your Plan. They will get taxes due them no matter what as anyone who owes them has found out. Also, it probably took your attorney ages to get the IRS to agree to something as to your Plan and get them in Court. They move at a snail's pace as you know. I would certainly ask your attorney as to a breakdown as to your situation now that your payment has been increased.

THe IRS may be slow everywhere else but they has been all over my posterior. The reason my second BNK was dismissed was just so they could make and example of me. That was told to my face. My lawyer is 85 years old and up untill now I think it has been the good ole boy network and things are changing. And he hasn't got the message. He was use to everybody just taking his word. WHat I want is to get a solid number and then my boy wants to buy the place. I have enough equity I can get money to pay off the IRS. But I wanted to see If I could get a number. Maybe i can do it if I tell them I can come up with a lump sum. I'm just sick of it all. I could have had this all taken care of if I had done it myself.

[HHM]

Let's back-up, YOU were the one that accrued the tax liability, you can't blame your attorney or the court for that.

One thing you have to understand, you can't really "horse trade" with the IRS. You can't just offer them a number and hope they accept it. In one sense, IRS collections are very regimented and rule driven.

[MajorMike]

exactly...

[Old Codger]

Let's back-up, YOU were the one that accrued the tax liability, you can't blame your attorney or the court for that.

One thing you have to understand, you can't really "horse trade" with the IRS. You can't just offer them a number and hope they accept it. In one sense, IRS collections are very regimented and rule driven.

This is the same game the trustee rep ran on me. Where did I blame my attorney for my tax liablity????
NO one is saying I didn't accrue the tax liability but as of today I still don't know what it is 4 months later. when I was on the phone today I was told 18,000.00 one time it was 13000 then 23000 then 31000. Last time I was in court it was 45000.
I know people all the time that cut deals with the IRS. Maybe not through BK but as lump sum pay off. i asked the lawyer if this was possible. He said yes he would look into it. That was 4 months ago,next thing I know I have this 600 added to my pmt after I had been to court and the judge told me she would hold it at 1350 and told the lawyer to get my figures. Which I still don't have! Today i was told we would get together sometime in July to talk about things. El Toro Poo Poo
I just want something to stay the same for more than 10 days. So i Have some idea of what I'm dealing with what the numbers are and what happened to all the money I paid in. About 25000.00 Its all I've wanted since 2005.

[Help!]

Old Codger,
Is there anything on PACER about this? It's stories like these that make me think I'd rather live in poverty with garnished wages than file Ch. 13, especially if I have to go through it with my current lawyer!

[Old Codger]

Old Codger,
Is there anything on PACER about this? It's stories like these that make me think I'd rather live in poverty with garnished wages than file Ch. 13, especially if I have to go through it with my current lawyer!

Don't know what PACER is. I'm just here to keep from going nuts. I live on a plateau, on a dead end road by myself with my shop and garden. I'm way to simple for this world. Course I was raised when peoples word meant something. At least where I lived. Everybody knows better than me

[Help!]

Ha - I'm here and it isn't keeping me from going nuts!
Read the stickies about PACER. PACER gives you online access to the court system, allowing you to see what is going on with your case (almost in real time). It is part of my morning routine now... grab a cup of coffee, then log on to PACER to see my incompetent attorney's most recent screwup.

I'd love to live in the middle of nowhere. That sounds perfect right now!

[rrockinggramma]

since you are chapter 13 you could try the 13datanetwork and also 13network (bss) for free. There you will see the claims filed. The IRS had to file a claim and the amount they filed will tell you waht you owe and also everyone else you are paying.

[AngelinaCatHub]

Oldcogger: you have been at this since 2005????

We are being fought by the jerk that caused most of my bk problems in the first place. It is an eight year feud. He is a millionaire and can outspend me and has to the tune of 190K. However my second problem has been my attorney. The most common complaint I have heard here is about incompetent or uncaring lawyers. My problem is unique but I think I am blessed with a very understanding Trustee. I have had so many bumps in the road with a AP against us and then a charge of priority payment to my god-daughter, instead of dismissing me, they made me an offer. I found out about it THE DAY it was to have been rescinded so the lawyer held it for 20 days and sprung it on me. I immediately called the Trustee's lawyer who questioned this, and accepted the offer if he could wait till the first of the year for a lump sum. So far, I made a motion to go pro se and no news one way or other. I find that no news is good news. It is obvious that we are 7 material and no means test needed to be done. But I started out with 13 and my lawyer said I could keep everything and do what I wanted so I paid my god-daughter off selling a Mortgage I held. Used that money. Got caught, but had no knowledge of wrong doing. My lawyer knew about the Mortgage and I have it in writing but she did not record it. My adversary kicked it up when it got recorded two months late and told the Trustee anonymously. But, I don't care at this point, like you 'cogger, I just want it over no matter what it costs, as long as I don't go to debtor's prison. I owe IRS 24k.

[HHM]

This is the same game the trustee rep ran on me. Where did I blame my attorney for my tax liablity????
NO one is saying I didn't accrue the tax liability but as of today I still don't know what it is 4 months later. when I was on the phone today I was told 18,000.00 one time it was 13000 then 23000 then 31000. Last time I was in court it was 45000.
I know people all the time that cut deals with the IRS. Maybe not through BK but as lump sum pay off. i asked the lawyer if this was possible. He said yes he would look into it. That was 4 months ago,next thing I know I have this 600 added to my pmt after I had been to court and the judge told me she would hold it at 1350 and told the lawyer to get my figures. Which I still don't have! Today i was told we would get together sometime in July to talk about things. El Toro Poo Poo
I just want something to stay the same for more than 10 days. So i Have some idea of what I'm dealing with what the numbers are and what happened to all the money I paid in. About 25000.00 Its all I've wanted since 2005.

What you are talking about is an Offer in Compromise, or, they have the ability to full pay the account but can give a good reason to abate penalties. It is not as if they just call-up and say, will you take $x.

As far as getting an accurate amount, order your IRS transcripts (Record of Account) for the outstanding periods.