taxes

[reesemay]

I filed ch 7 and soon after the irs has placed a lien, during the bk stay. I have been so busy w/ other things I never even looked at the papers they sent me. It is an examination. Does that mean it is an audit? This is for the years 2001-2003. I thought there was a statute of limitation on this? not sure what to do ...

[ccsjoe]

Not sure about the examination, but if the placed a lien during the stay you can take them to task for it. If you filed through an attorney, notify them immediately. If you filed prose, I would send the IRS a CMRRR letter with a copy of the BK notice and demand that the lien be removed due to violation of the automatic stay.

[reesemay]

The paralegal I used said I could not eleminate taxes so it was not included, so they did not get a notice from me. I am pro se
I read somewhere here that florida automatically sends notice to IRS, maybe that is why the examination and lien.
I need to know where to add them in my amendment ?? any help would be great...341 is already over, deadline for dispute is the end of the month..

[justbroke]

The paralegal should not have given you ANY legal advice, and telling you about the taxes and treatment is advice. They should have only prepared your paperwork.

Yes, Florida courts AUTOMATICALLY notice the IRS. However, things do get crossed in the mail. As I posted in another thread on this topic, just send the IRS a notice and make sure you do it professionally and CMRR and keep the documentation. You do not need to "add" them to anything.

Actually, I think your case may not be well prepared. In any event, it looks like you're going to get a discharge and may have things to clean up afterwards.

[reesemay]

the past due taxes are about $75,000 this will automatically get wiped out?? Even if I do not include it in the schedules? I also read if you get a lien IRS is gearing up to fight it..
I am sure my case is not well prepared..but the good thing is I dont have a lot of stuff to wipe out..car and house and irs thats it...sucks but thats it.
When you say send them a notice what do you mean? A letter stating I have filed bankrupcy?
CMRR? ok got it certified mail return reciept..
thanks for all the answers, wish I had done more homework ahead of time and found this forum sooner..

[ccsjoe]

A letter stating you have filed, a copy of the Notice sent by the Bankruptcy court to creditors (and yourself)-Certified Mail Return Receipt Requested (CMRRR)

[justbroke]

the past due taxes are about $75,000 this will automatically get wiped out?? Even if I do not include it in the schedules?

The IRS is noticed automically. If you want taxes to be discharged, you must start an Adversary Proceeding (lawsuit) via a Complaint to Determine Dischargeability for the taxes that fit the criteria. I posted in your other thread on the taxes about what taxes can actually be discharged.

Let's just ignore taxes for a moment. Even if your don't schedule a debt, your case is a no-asset case, and the creditor had "actual" or "constructive" notice, then the debt is discharged. If this was say a credit card company and they received notice via a service they subscribe to (the BNC -- Bankruptcy Noticing Center -- for example) then they have "constructive" notice. In almost all districts, a no-asset Chapter 7 case discharges all (otherwise dischargeable) debts that arose prior to filing. Taxes are special. They require special handling and a complaint to be filed.

I also read if you get a lien IRS is gearing up to fight it..

Yes, they will fight any dischargeability question if your taxes don't meet the criteria.

I am sure my case is not well prepared..but the good thing is I dont have a lot of stuff to wipe out..car and house and irs thats it...sucks but thats it. When you say send them a notice what do you mean? A letter stating I have filed bankrupcy? CMRR? ok got it certified mail return reciept..
thanks for all the answers, wish I had done more homework ahead of time and found this forum sooner..

You need to write a very professional letter indicating that you filed a case. Include the case number, district and date filed. Politely tell them that any further bills seeking collection is a violation of the stay. CMRR is standard notation for certified mail, return receipt.

However, please note that once your discharge is entered, the IRS will probably continue their efforts to collect. They will lean whatever property you have and for $75K worth of taxes... it can get nasty. If those taxes are from payroll related or employer related taxes, they may not be dischargeable at all. If it's income tax, you REALLY should be speaking with an attorney as to whether your particular taxes qualify... and then file a Complaint to Determine Dischargeability.