IRS Did Not File Claim

[minan]

We have the IRS and State Tax Agency as creditors and filed to deal with taxes owed. Our question: What happens if the IRS or State don't file a claim? They are included in the bk and we know they were notified. We filed last summer (July).

[HHM]

It depends, first, is this a 7 or 13. Are the taxes inherently dischargeable or non-dischargeable.

[minan]

Sorry should have mentioned we are in a 13. The taxes do not meet the strict criteria to be discharged, i.e. over 240 days, filed 3 years ago, etc.....

[Flamingo]

We had taxes included in our Chapter 13 filing (both state and federal). We too thought they had received notification but apparently they had not - the IRS is a giant monster of paperwork and locations; you have probably received or may receive notices of interest and penalties on the amounts owing. We contacted our attorney when those notices started coming in and our attorney handled the situation. It was eventually resolved. Contact your attorney.

[minan]

We had taxes included in our Chapter 13 filing (both state and federal). We too thought they had received notification but apparently they had not - the IRS is a giant monster of paperwork and locations; you have probably received or may receive notices of interest and penalties on the amounts owing. We contacted our attorney when those notices started coming in and our attorney handled the situation. It was eventually resolved. Contact your attorney.

We do have an attorney, we have filed. We have received no notices of interest or penalties as we filed already. We weren't clear in our question on this post:

What happens if the fed and state claims that have been submitted are for less than the amount we owe? Can the fed/state revise the claim they originally file? For example, they filed a claim now, can they revise the claim 1 year after filing or 2 years after filing or 3 years after filing, etc..?

[momofthree]

We have the IRS and State Tax Agency as creditors and filed to deal with taxes owed. Our question: What happens if the IRS or State don't file a claim? They are included in the bk and we know they were notified. We filed last summer (July).

Your attorney can file a claim on behalf of the IRS. We were sent a list of claims 6-8 months into our plan. With this list of claims was a note from the trustee that if we needed to file any claims on behalf of creditors, or file any motions to avoid liens, etc. now was the time to do it, and a deadline was listed.