Where do I start

[manicmike]

Hi there! I'm new here and trying to get some advice/ideas on how to handle my present situation. My wife and I file Chapter 13 in 2009, we paid 100% back, discharged last Oct 2013. Without me knowing, my wife failed to withhold any taxes out of her pay for the entire year of 2013! Needless to say we now owe taxes to the tune of $11,000! Plus a few new medical bills. Total unsecured/taxes is about 23,000. She also took out an installment loan at one of those payday loan places that require payments of over $500 a pay check!

Needless to say we have issues.....Here's my question. Can she file Chapter 13 again by herself? And she also has a car payment now would that need to be included?

We actually were doing great until this happened, now we are strapped to the wall, again! I don't want to take part in this again, she needs to clean this up on her own!

My fear is the IRS is coming knocking soon, and with that payday loan she has out until God knows when, we are going to get sued or garnished.

Thanks for any help you can offer.

[AngelinaCat]

Welcome to the Forum!

I am so sorry to read of your situation. I am not going to say anything about your wife, other than I think you both need some serious counseling especially regarding communication and trust.

With that said, I am an Asset CH7 person, and am not sure how long one has to wait to file another Ch13. It may be that she might be able to file a CH7 by herself, but I do not know.

There are other members who have successfully navigated CH13 issues. Sunday tends to be a bit slow, so be patient, and I am sure others with more wisdom than I can assist.

In any event, the taxes will have to be paid. They cannot be discharged.

[AngelinaCatHub]

I've not posted for a very long time. My wife prompted me due to your first post. Welcome.

Long ago I went to a Catholic pre-marriage class. I am not Catholic, but it was the best education about money and marriage I've ever had. It is not infidelity that take most couples down to the lawyer. It is M O N E Y problems.

There is no use to think you can BK the tax man but I suggest you call IRS and get onto a payment plan. I am still paying on my 27K tax and am at 5k to go, but it keeps the taxman away.

It is my opinion that you both go to counseling and if you can, get into a PRE-marriage deal like I did. Did I say I'm not Catholic? I still am not but we have been together 28 years my second marriage. I also suggest (it is an opinion, so take it for what it is worth) that you do talk to your wife, and calmly without argument, offer to help her. Kindness goes a longer way than insistence or threats. If you love her, you will help her. Take up the bill paying yourself. There is always more to these stories than told. You had not noticed the bad habits for some time, have you not?

First line of importance is get the payday loan gone. Stiffing those creatures can produce really bad knee cap conditions. Then call IRS and fix the payment schedule. If the car is not upside down, sell it and get meager transportation, until you dig yourselves out. Last and least is go cash only.

It has been more than ten years since I've used credit. This year is the first time that I purposely went into debt for a "toy". A wanted but not needed tractor with mower. I now can afford it and can afford losing it if I can't pay for it, which I can now after adjusting our lives.

My friend, bite the bullet, not your wife, and again dig your way out. Make sure she knows "IT WILL NOT HAPPEN AGAIN", but say it in love, not anger.

Only my two cents. It works for me. 'Hub

[manicmike]

Thank you both for your reply. Yes we have some much deeper issues than just owing the IRS. I hear you loud and clear....I'm so broken over this entire situation. After 5 long years already strapped and now this... I love my wife, however serious help is needed. Let me ask this, I've been counting and figuring all day, I think I could start paying the IRS back, but not until January. I need to get the payday loan paid off first. Do you think if I call them they would be willing to set up an arrangement for that far in advance?

[despritfreya]

You and your wife can seek to enter into an installment agreement with the taxing agency. Go to the IRS web site and search for information on installment agreements. This is not a total disaster and, I suspect you will be better served by such than by attempting another bk as it relates to the tax debt.

Des.

[df04527]

EXCELLENT advice Hub. Nice to hear from you again. Don't be a stranger!

[AngelinaCatHub]

EXCELLENT advice Hub. Nice to hear from you again. Don't be a stranger!

Thank you for kind words.

I have to agree with Des in that your first priority should be the underlying problem of lack of self control regarding finances. I have to amplify one thing, don't be accusing of your wife and your mutual financial situation. A pointing finger will fix nothing. It is BOTH of your faults. I am sure she forgives you for some of your shortcomings as my wife does me. I appreciate her for this and I too am short on forgiveness to her. Far too many times I do some dumb stunt to be reminded how charitable my wife is to me. Work on this TOGETHER and you will be impressed as how fast you may recover from this temporary set back. It will not take five years again.

I only pay IRS $100 a month and I started out paying $450. It got too difficult but you will see that the IRS can be understanding at times. I believe if they levied against you, they can only take 15% of your income per month. A payment agreement can be cheaper and easier. Just don't miss one. The IRS CAN take retirement funds in a levy. The Weekly Advance crooks cannot. Saying that, I would suggest you get them out of the way first. That is my opinion only. Their interest rate is far above the IRS, and they are difficult to work with. 'Hub