Halfway thru 36 month plan and now the IRS changes my taxable income for 2009

[jabkitts]

My dh and I are almost halfway thru a 36 month plan. We had approx 20K in unsecured debt but our biggest issue was that my great aunt had loaned us the money to buy a piece of land to build a home with a contract stating the note would be paid in full upon her death. After she became terminally ill she informed me (not in writing) that the note was paid in full and I no longer had to make payments. Her brother got control of her estate and got a judgement against us. My husband signed a pre-employment contract that stated he would lose his job upon a garnishment. Our attorney in the case developed brain cancer and didn't properly represent us but by the time we knew what had happened it was too late to appeal. We tried to get legal representation over and over but each told us the cost to fight was more than he got the judgement for (approx 30K). Each advised us to file bk.


Now to the current situation that I am freaking out about. We are this far into the 13 and it hasn't necessarily been easy. I just received a notice from the IRS that my 2009W2 had been modified from my employer who has went out of business. It seems they showed my income as $1740.00 more for 2009 than the previous W2. It is asking for payment of about $400 which I can do but it is asking for copies of our bankruptcy if we have filed. Are they saying they will not require the $400 if I produce the bankruptcy notice? Will this cause a problem with our bankruptcy? I know I need to contact my attorney but he is on vacation and I am freaking out!

Thanks so much!

[lrprn]

Hang in there. No sense wasting a lot of your precious energy before you know if the energy really deserves to be expended.

Does your lawyer's office have the name of another bk lawyer who is covering his cases while he's on vacation? If yes, then even though your lawyer is on vacation, then since the other lawyer is familiar with your local court's and trustee's customs, he/she may be able to answer your questions before your lawyer returns.

Are they saying they will not require the $400 if I produce the bankruptcy notice?

When did you file your Ch 13 in relation to the taxes the IRS now says you owe for 2009?

If you filed *after* your 2009 taxes were due, then those additional taxes can be added to an amended Ch 13 plan and paid out over the rest of your plan. However, if you filed *before* your 2009 taxes were due, then you will need to pay the $400. It's great to hear you have enough in your emergency fund to cover this cost if necessary - good for you!

Will this cause a problem with our bankruptcy?

No.