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back property taxes included in 13 not paid

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    back property taxes included in 13 not paid

    We had our back property taxes included in our chp.13 case to be repaid. We were discharged 1-11-11. Seven months later, recieved a letter form the city stating they are going to forclose on our property. We need to pay an additional 3300.00 by 9-21-11 for the same back propery taxes included in our chp.13. Our atty,city,and the trustee are trying to figure what went wrong. But they are dragging their feet as we only got 30 days to pay an additional 3300.00 for taxes we already paid for. Who is at fault? We received paperwork stating the taxes were paid three ago. What should we do?
    thanks for reading

    #2
    The fact is that you must pay them, to keep the property. The key is, just what went wrong and did it actually get paid. If the Trustee failed to pay them, then the Trustee must figure out what to do. I don't think the City will foreclose with this issue pending.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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      #3
      thanks for responsing just broke, we will have to pay the additional 3300.00 to save our property. why would the courts discharge our chp.13 without these taxes being paid first. can anything be legally done to the trustee if he did not pay the property taxes ordered by the courts? these were priority claims.

      Comment


        #4
        First, the obvious.....these property taxes were listed as a debt to pay on your creditor list when you filed, correct?

        During your 13, did you ever check your trustee's online website on 13Network or NationalDataCenter? You can see immediately on either site if your property taxes were paid in part or in full by your trustee or not.

        This may be as simple as your city's office staff not understanding that Ch 13 repays taxes like this. Some clerical folks think Ch 13 works the same as Ch 7 when taxes like this are to be repaid by the homeowner after discharge. Hopefully this is just the local government's right hand not being aware of what the local government's left hand has already received from the trustee during your bankruptcy.

        Hope this all settles out very soon and in your favor. Good luck!
        I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

        06/01/06 - Filed Ch 13
        06/28/06 - 341 Meeting
        07/18/06 - Confirmation Hearing - not confirmed, 3 objections
        10/05/06 - Hearing to resolve 2 trustee objections
        01/24/07 - Judge dismisses mortgage company objection
        09/27/07 - Confirmed at last!
        06/10/11 - Trustee confirms all payments made
        08/10/11 - DISCHARGED !

        10/02/11 - CASE CLOSED
        Countdown: 60 months paid, 0 months to go

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