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One year later and I'm still having property tax problems

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    One year later and I'm still having property tax problems

    We initially filed in 2006 as a Ch 13. Our property taxes were included in our monthly plan payment and paid in full according to the trustee.

    The problem is the county was notified numerous times that we had filed BK but they never filed a claim. Since they didn't file a claim the trustee only allowed them the actual tax amount with no interest or penalties. Our plan was set up in January. That same February it started accruing penalties.

    We got notice from the trustee that our taxes were paid in full and in our county they must be paid or you can't register your vehicles so it's very important to take care of it.

    Well last September I went to register my car and low and behold they said we owed $350 in penalties and interest and it had to be paid. Since then I've contacted my lawyer. He says we don't owe it b/c the county didn't file a proof of claim. They are only entitled to the actual taxes. So he has sent the county and their attorney 3 letters by certified mail. I finally spoke with the county's attorney who agrees that we don't owe it but they won't give it to me in writing. They said they would TAKE CARE OF IT with the county for me. That was in September of 09.

    I went Friday to pay my taxes for 09 and they are still showing we owe that and still trying to collect it. I blew a gasket right there in the office. The lady that handles it said she can't legally write it off just b/c my lawyer says to. She said their lawyer has to tell them to and he hasn't sent them notice. So I called and left a message with their lawyer also.

    What do I do now? My case has been closed for months and everything is all done and closed I just need these darn taxes taken care of. I told her I have a discharge notice from the judge but she said that won't do it either unless the discharge shows her exactly how much was discharged on the taxes.
    4/09 Converted to a Ch 7 due to loss in dh's income
    5/09 UST now involved no idea what happens next
    7/09 UST has decided to withdraw his motion to dismiss!
    7/27/09 DISCHARGED!!!

    #2
    I would contact the county clerk and the attorney and tell them you are contacting your newspaper to tell them about this issue. The clerk is elected right? If you can't do anything right now its time to start embarrassing them for incompetence.

    BTW.. you can contact the NEWSPAPER anonymously.

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      #3
      Yes our tax collector is elected and she's new in office. I'm sure this whole thing wouldn't look good for her.
      4/09 Converted to a Ch 7 due to loss in dh's income
      5/09 UST now involved no idea what happens next
      7/09 UST has decided to withdraw his motion to dismiss!
      7/27/09 DISCHARGED!!!

      Comment


        #4
        Originally posted by aces67 View Post
        Yes our tax collector is elected and she's new in office. I'm sure this whole thing wouldn't look good for her.
        I would contact the newspaper and tell the new township clerk is not collect taxes properly and is charging fees and overages when they should not be. Of course, we both know there is more to the story.

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          #5
          You need to let your attorney know all of this, and that while your attorney says the penalties are not owed, the county is still trying to 'dun' you for it. I would call the trustee;s office too--though the personnel wil try to divert you back to the attorney. I would think that notice from the trustee ought to suffice.

          Clearly there is a lack of communication in your county offices. I wouldn't have a problem going to the newspaper if you want to expose their incompetence. The only problem there is that you will be putting your personal business out into the public. Only you can make that decision.

          Good luck to you!
          "To go bravely forward is to invite a miracle."

          "Worry is the darkroom where negatives are formed."

          Comment


            #6
            Okay so I admit when I was extremely ticked off when I left the tax office last week. I told the lady there that if this wasn't written off by today at 5 that I would call my lawyer and file a lawsuit against the county. I told her that's illegal for her to try and collect on a debt that was discharged through BK.

            So I called back 20 minutes ago. She said we now have a zero balance and we should get a statement in the mail tomorrow for our records showing that.

            Finally. Finally. Finally.

            I have probably 8 letters that have been sent to the tax office and their lawyer starting in January of 2009. Only 1 year later and they finally take care of the problem.
            4/09 Converted to a Ch 7 due to loss in dh's income
            5/09 UST now involved no idea what happens next
            7/09 UST has decided to withdraw his motion to dismiss!
            7/27/09 DISCHARGED!!!

            Comment


              #7
              Congrats on standing your ground!
              Filed Ch7 5/28/09 (Pro Se) Orlando, 341 7/01, UST selected case for audit 7/01, Last day for objection 8/31. Audit report filed 9/10, no material misstatements. Discharged and closed 9/22/2009

              Comment


                #8
                Good for you! Nothing like motivation of "you'll be hearing from my attorney"

                Comment

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