we have been paying on our Chapter 13 for a little over a year. We have incurred 2300 in new irs debt and picked back up a car that was originally listed as 3rd party pay. we are making payments on 130k and our claims that posted were only 119k. Does anyone know if we can modify our plan to put the additional car and the taxes in our plan?
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My understanding is that debts acquired after the file date cannot be added to the plan. Best to speak to your attorney for specifics, as you may need to adjust your withholding levels (for taxes) to avoid further IRS debt. And that might require a lower plan payment to meet the new DMI.Get mortgage modified: DONE! 7 months of back interest payments amortized, payment reduced over $200/mo
(In the 'planning' stage, to file ch. 13 if/when we have to.) -
In some cases, the Trustee will allow you to roll in IRS debt, but only in the first year. Anything after that basically shows that you're not sticking to the plan. If this IRS debt is from tax year 2009, and you filed in 2009, then you can probably get it into the Plan.
Work with your attorney to modify your plan and submit a Motion to Modify Confirmed Plan. Usually your attorney will talk to the Trustee first.Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
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Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.Comment
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The IRS post-petition claim is an administrative one; they can file a Proof of Claim for payment through the Chapter 13 Plan but only if the Plan provides that all post-petition income is the property of the estate.
Code section is 11 USC 1306.I am a lawyer licensed to practice in NY and CA, but I'm not your lawyer unless we have a signed agreement that says so. Nothing in this post should be considered legal advice.Comment
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