I've been away for a while because of the Hurricanes and I'm still dealing with the after effects of missing roof shingles, loss of food and being without power for I don't know how long. But thank God, through all of that things are okay. 
Amid all of the hurricane activity in my neck of the woods, I received a bill from the IRS which kindly reminded me that they knew I was in a bankruptcy, but requested payment if the taxes were incurred after I filed. The period was clearly within the same timeframe as the other taxes and I sent them a letter stating that I am in an active bankruptcy and the tax bill should be submitted as a correction to the claim that was previously filed by them in my bankruptcy. I never received a response, but checked my PO Box and found literally a pile of junk mail from lawyers informing me that a Federal Tax lien was filed on my business (that I closed in July 07). If the lien was filed on the business, is that a violation of the automatic stay?
I am researching to find out where to best get a copy of my credit reports so that I can verify this information, but in the mean time the thought of filing a Chapter 13 to stop the penalties and interest seems pretty attractive to me right now. According to the claim the IRS filed as well as the other taxing authorities, I should owe about $80k which is a lot.
1. I'm assuming my Chapter 7 will stay open at least a few more months if the trustee gave the taxing authorities until November to submit a claim. Is that a correct assumption?
2. How long after my Chapter 7 closes do I have to wait before filing a Chapter 13? Does the clock start from the date I filed the Chapter 7 or the discharge date?
3. What would happen to my assets (the same ones that survived my chapter 7) if I file chapter 13? Do I get to keep them if I am in a 100% repayment plan or should I expect more of the same harassment from the Trustee about my house, etc?
4. Is there any chance my Chapter 13 will get rubber stamped (approved without too much hassle from the Trustee about assets and income) if I make enough to repay all taxes in full 100%?
Sorry for so many questions, but these tax debts are the only debts I have left to contend with and I'm trying the figure out the best way to get myself out of this hole. I'd hate to file bankruptcy again, but I don't know of any other straight forward way to repay the debt without worrying about it continuously growing out of control. I know the hit to my credit report will be substantial so close to the Chapter 7 discharge, but I'd rather have the protection of the bankruptcy court.
Thank you all for your prayers and support. I welcome any comments or suggestions.
Amid all of the hurricane activity in my neck of the woods, I received a bill from the IRS which kindly reminded me that they knew I was in a bankruptcy, but requested payment if the taxes were incurred after I filed. The period was clearly within the same timeframe as the other taxes and I sent them a letter stating that I am in an active bankruptcy and the tax bill should be submitted as a correction to the claim that was previously filed by them in my bankruptcy. I never received a response, but checked my PO Box and found literally a pile of junk mail from lawyers informing me that a Federal Tax lien was filed on my business (that I closed in July 07). If the lien was filed on the business, is that a violation of the automatic stay?
I am researching to find out where to best get a copy of my credit reports so that I can verify this information, but in the mean time the thought of filing a Chapter 13 to stop the penalties and interest seems pretty attractive to me right now. According to the claim the IRS filed as well as the other taxing authorities, I should owe about $80k which is a lot.
1. I'm assuming my Chapter 7 will stay open at least a few more months if the trustee gave the taxing authorities until November to submit a claim. Is that a correct assumption?
2. How long after my Chapter 7 closes do I have to wait before filing a Chapter 13? Does the clock start from the date I filed the Chapter 7 or the discharge date?
3. What would happen to my assets (the same ones that survived my chapter 7) if I file chapter 13? Do I get to keep them if I am in a 100% repayment plan or should I expect more of the same harassment from the Trustee about my house, etc?
4. Is there any chance my Chapter 13 will get rubber stamped (approved without too much hassle from the Trustee about assets and income) if I make enough to repay all taxes in full 100%?
Sorry for so many questions, but these tax debts are the only debts I have left to contend with and I'm trying the figure out the best way to get myself out of this hole. I'd hate to file bankruptcy again, but I don't know of any other straight forward way to repay the debt without worrying about it continuously growing out of control. I know the hit to my credit report will be substantial so close to the Chapter 7 discharge, but I'd rather have the protection of the bankruptcy court.
Thank you all for your prayers and support. I welcome any comments or suggestions.
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