back property taxes included in 13 not paid by trustee

[lunch33]

It appears the chp.13 trustee paid some of the back property taxes on our property. The orginal amount was around 15,000. The city amended their claim 5 different times. We were aware of 1(asking for an additional 2700.00, making our payment increase by 33.00) The final amendment states we only owed 2700.00 and that is what trustee paid. My questions are: What happen to the extra 12,300.00 we paid on these back property taxes? We paid almost 25,000.00 on our entire plan. And now the city is asking for 3300.00 by 9-21-11 for the same back property taxes. WHAT WORLD ARE WE IN? Who is at fault? The city,the atty,or the trustee. We received paperwork stating these taxes are paid in full and the balance is zero, from the chp.13 trustee. would someone please help me figure this out. I just don't understand this. thanks for any insight.

[AngelinaCatHub]

First of all, I believe the Trustee has to submit a full accounting to the Court at the time of your discharge and close. I'm not a 13 expert but I'm pretty sure this is the case. Next did you receive a balance from the CITY not the Trustee stating what the balance was? If so, question the taxing authority first. They could be wrong. If the Trustee is wrong, the Judge will make him do it right. Your pretty safe in BK as long as you are paying as agreed.

If you paid the whole tax amount yet the City settled for less, the Trustee may have applied it to other creditors. Do you have a BK lawyer? If not, write the Trustee for your records to date or accounts payable record. He has to have one for every client. Best I can do for you for now. 'Hub

[Flamingo]

First, is your bankruptcy discharged (I cannot gather that from your posting). Second, do you have an attorney - if so, contact your attorney about your concerns as to the past taxes. During your Chapter 13, you will still be incurring property taxes - by any chance is that amount for a current period (i.e., years after filing date)? If so, those taxes would be your responsibility and not included or part of your Plan.

[lunch33]

yes we were discharged 1-11. and no these are back property taxes for years 2004,2005 and 2006. they waited 7 months later to demand additional 3300 on same taxes. The atty,the city and trustee are looking into it. We will pay the 3300 by 9-21-11 again to save our property but it's just not fair thanks

[justbroke]

I would say that something is just wrong. Your attorney should re-open your case and have a stay put in place on the tax issue until it's resolved by the Trustee. (I'm guessing that your case is already closed. If it is not closed, this is easier to do.)

I would not personally pay the taxes. It generally takes some time for the City to do a tax sale anyhow. I would work with my attorney on re-opening the case and filing a Complaint (Adversary Proceeding - AP). I would be bugging my attorney every other day and asking what the Trustee and s/he are doing. If you have proof that you paid through the plan (13DataCenter I suppose), then I don't know what else.

My guess... is that the claim specified interest (but it wasn't in the "total" amount). In other words, the claim was $25,000 with XX% interest. The Trustee only paid the $25,000 and not the interest on the amount. This would be a mistake on the Trustee's part. You (and your Estate) would technically owe the interest that wasn't paid. You need to find out just what that $3,300 represents -- it's either interest or unpaid principal.