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Question on the inclusion of a priority claim

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    Question on the inclusion of a priority claim

    I'm reviewing the paperwork my attorney's office prepared and the very first thing I saw on page 3 was the fact that they excluded two tax years and the amounts of I owe PA Dept. of Revenue. I owe for '06, '07 and 08. The attorney's paralegal only listed the amount for 2006.

    I called and freaked out a bit (this isn't the first mistake on these papers) and they told me, "don't worry about it. Just get the papers signed so we can file (nervous about being 61 days on car). As long as the PA Dept. of Revenue is listed, the amounts don't matter because they have to respond to the notification stating how much you owe. The burden is on them."

    Now I know the amounts are immaterial for that reason with unsecured debt (which is why I'm ignoring that AMEX is on my creditor matrix 5 times with different amounts even though I only have 2 debts with them); but is this true with priority claims?

    I don't want to mess up with taxes. I want them paid in full thru the plan that's why I brought all of my filings up to date.

    I was also thinking that if I'm worried, after I have my case #, I can call the PA DOR Bankruptcy division and give them the number so they can make certain that all 3 tax years are handled. I wouldn't do this for a credit card but taxes are a different story. Plus, I've been on their repayment plan and they are one of the very few parties that have been genuinely cooperative and decent throughout.

    Thoughts?

    My attorney's office also listed my social under my husband and his social under me. THAT they have to change. Hate to be cynical but is it too much to ask that a few things be correct for a $3,000 retainer. Maybe they could have proofread their own work?
    over $100K cc debt,$20K taxes,$332K mortgages/value $190K,surrendered
    Confirmed, $801/month 56 down,4 to go

    #2
    Anyone?
    over $100K cc debt,$20K taxes,$332K mortgages/value $190K,surrendered
    Confirmed, $801/month 56 down,4 to go

    Comment


      #3
      Look in the chapter 13 plan, not the petition, and see how the claims are categorized for payment. But in general, assuming you are referring to income tax, the principal and interest would be considered priority, but penalties are not.

      Ultimately, the taxing authorities will file a proof of claim.

      Comment


        #4
        Thank you! Yes, it is income tax and it seems like I'm set as I expect that the Dept. of Revenue will include all three years in the proof of claim.
        over $100K cc debt,$20K taxes,$332K mortgages/value $190K,surrendered
        Confirmed, $801/month 56 down,4 to go

        Comment

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