Creating a new thread--Filing Chapter 13 and the IRS

[michaela]

I have a question not sure how to post a thread there is no button or anything. If I file a chapter 13 and 7 months down the road (341 and confirmation done) I get a letter from the irs that I was audited and I owe them money can I ammend the bankruptcy to include them?

[NowImDownInIt]

LOL, well, you just created a thread, as for the IRS debt, do you think that you owe them? I assume that's why you're asking. This is something I would bring up with your attorney.

[AngelinaCat]

Hi Michaela:

I moved your post to a thread of its own, where your question won't get buried in the midst of that other thread.

To create a new thread, look at the forum you wish to post in. In this case it is the 'Chapter 13' forum. On your screen you will see a list of all the various threads in that forum, along with 'stickies' at the top of it containing useful information pertaining to Chapter 13.

At the top of the frame that surrounds these threads, there is a blue button on the left-hand side that says: 'Create new thread'. Click that, and you will get a dialogue box. Answer the questions, and it will guide you through the process.

Good luck.

[ShooFly]

Michaela... to the best of my knowledge taxes are NEVER included in bankrupticies. You have to pay them, negotiate them or make a payment plan to pay them... even if it takes the rest of your life. I've even seen garnishments where you are forced to claim Single with 0 dependents on your W-4 and will be forced to have the largest income tax withholding taken from your paychecks.

[FishersMike]

You should be able to amend according to my attorney to have moved to Priority Debt -- but you would have to pay all of it within your 3 or 5 year bankruptcy plan.

[AngelinaCat]

IRS should be Priority Debt automatically. We were an Asset Ch7, and one of our medical providers petitioned the court to get their debt prioritized above that of the IRS. It was not allowed.

[deblaw223]

GOing back up a few posts, in general, income tax obligations that are more than 3 years old and assuming the tax return was filed are dischargeable. There are very specific requirements and time periods, sucn as the 3 years running from the due date of the taxes (April 15 of the following year), while the return was filed, etc. But it is possible.

[minan]

ShooFly: Just an FYI: Taxes are considered priority debt - which means they have to be paid back and can be included in a Chapter 13. I know because I had taxes included in my chapter 13.

[despritfreya]

I have a question not sure how to post a thread there is no button or anything. If I file a chapter 13 and 7 months down the road (341 and confirmation done) I get a letter from the irs that I was audited and I owe them money can I ammend the bankruptcy to include them?

Since your Plan has already been confirmed (and this is the problem with "quick confirmations") and the Plan does not fully provide for the tax claim, eventually you will get a letter from the Trustee indicating that the IRS has filed a Proof of Claim that is not provided for in the Plan. This letter will tell you that you must amend your Plan to properly pay the claim.

Pull your claims docket. Find the IRS claim and then amend your Plan to provide for the priority portion. If the claim has not been filed and the claims bar date for the government has not passed, call Special Procedures (the bk section of the IRS) and find out the status of the claim. If the claims bar date has passed, the IRS theoretically could file what is called a 1305 claim for taxes that became due (as a result of an audit) during the pendency of the 13. Either way, you should take steps to provide for the taxes.

Des.

[jetsfan2010]

ShooFly: Just an FYI: Taxes are considered priority debt - which means they have to be paid back and can be included in a Chapter 13. I know because I had taxes included in my chapter 13.

I too have taxes owed included in my plan, and a if they are recent taxes, they are priority debt and do get paid. Regarding your question/scenario, i am assuming you meant that if at the end of the year you get a bill because you owe the IRS, you would want to proactively tell your attorney and get an ammendment. It will be easier to get it added in the plan before the interest and penalties start to add up.