Creditors meeting scheduled for Dec 28 HELP!

[limping805]

Hello All!
I have my meeting at the above date here in Florida. To get my paperwork done which was pretty straightforward, I payed someone to do the paperwork for my Chap 7 who was not the easiest to deal with.

My question is that I just noticed that on one of the sheets schedule "E" Creditors Holding Unsecured Priority Claims, I have past (well over 5 years from filing) IRS tax liabilities listed and the total is INCORRECT, but the total of each year line item is listed correctly. This is giving the bottom total of the page a number that is about $10K less than the actual totals.
I wanted some suggestions on what to do? I wanted to know if I need to go down and make the corrections at the court house and refile this portion or will the Trustee see that the addition on this one sheet is incorrect and take the actual dollar amounts listed as the actual total? I also wanted to know if this can be done at the meeting I have set for December 28 2009 or do I need to hurry and get this filed and corrected?

Thanks for your input!

[JoeBankrupt33]

I think you'll want to get this changed. If the taxes are that old, they shouldn't even be priority, so you need to find out whether these should be on Schedule F rather than E. You also need to be careful, because the totals on schedules E and F also go on other forms and you would need to modify those as well.

[justbroke]

Forget being priority. Taxes over 3 years old, filed more than 2 years ago, and weren't assessed within 240 days of filing, may be dischargeable!

This is one of the problems filing pro se, and specifically when using a paralegal or other "doc prep" service. They do not perform legal services. They put exactly what you tell them to put on the forms. They do not counsel you and they can not provide any legal services at all. They can't even "suggest" that you put something on one form versus another.

If you're going to amend your Schedules, you should do it at least 7 days in advance of the 341 Meeting and serve it on the Trustee.

You "probably" could have discharged the 5 year old taxes (if they weren't otherwise tolled or have lien issues, and meet the 3-prong test listed earlier).

If what I just wrote is all Greek, you have larger issues.

[jribe]

you need to ammend the schedules- and i would do this before your 341. Just get your copy of the papers and recopy everything that's correct and fix the incorrect dollar amounts. Make sure you check everything else too.

Most trustees do ask if a doc prep. was used- and they don't like them very much it seems. The people at my 341 that used a doc prep. had wrong info too and had their 341 continued.

Hello All!
I have my meeting at the above date here in Florida. To get my paperwork done which was pretty straightforward, I payed someone to do the paperwork for my Chap 7 who was not the easiest to deal with.

My question is that I just noticed that on one of the sheets schedule "E" Creditors Holding Unsecured Priority Claims, I have past (well over 5 years from filing) IRS tax liabilities listed and the total is INCORRECT, but the total of each year line item is listed correctly. This is giving the bottom total of the page a number that is about $10K less than the actual totals.
I wanted some suggestions on what to do? I wanted to know if I need to go down and make the corrections at the court house and refile this portion or will the Trustee see that the addition on this one sheet is incorrect and take the actual dollar amounts listed as the actual total? I also wanted to know if this can be done at the meeting I have set for December 28 2009 or do I need to hurry and get this filed and corrected?

Thanks for your input!

[limping805]

Today I found out that my Chap. 7 was released and closed by the court. Had my meeting December 28th and it was extended due to a Re-Affirmation agreement with Honda and having to go back to court for the judge to approve it.
I do have a question about the released liabilities, my IRS debt which was old enough to be included in the Chap 7 is now taken care of through the Chap 7, how do I verify I made it through the process and to make sure the debt has been released?
I filed with no assets so no one had ever shown during any of the hearings I attended.
I am sure creditors and the IRS do not send a final statement :-)
How do I check everything I included in my filing is truly released?

[limping805]

A

[justbroke]

Today I found out that my Chap. 7 was released and closed by the court.

I don't know what "released" means. Do you mean that you received a discharge?

I do have a question about the released liabilities, my IRS debt which was old enough to be included in the Chap 7 is now taken care of through the Chap 7, how do I verify I made it through the process and to make sure the debt has been released?

Unless you filed a Complaint to Determine Dischargeability, also known as an adversary proceeding, those taxes are may not have been actually discharged.

I am sure creditors and the IRS do not send a final statement :-) How do I check everything I included in my filing is truly released?

I think you mean discharged. The IRS may start billing you again. They may stop though, but the correct way to discharge taxes is to file a complaint. I guess you could call the IRS and ask (if you didn't file with an attorney).

If you filed with an attorney, you need to get with your attorney and ask them to explain your Schedules and explain what was actually discharged.

If you filed pro se, you probably won't be able to figure it out. However, everything on your schedules that are not otherwise excepted from discharge (11 USC 523) or reaffirmed, are discharged.

[limping805]

Hi Just Broke
YES the filing was discharged...TODAY!
I did file pro se which dragged it out, but that is another story.

The IRS debt, which was all over 5 years old and was listed on Schedule E Creditors Holding Unsecured Priority Claims continuation sheet and it noted Taxes and Other Certain Debts Owed to Government Units and the IRS total where listed below for Creditors and totaled at the bottom.
This form was a continuation sheet with the rest of the liabilities included in the filing.