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IRS proof of claim erroneous, what do I do ?
Dear Arnold,
I. Step 1: Try Some Telephone Law
At the bottom left hand corner of the proof of claim form you will find the name and telephone number of the IRS employee who prepared the proof of claim. Call that person and find out why the IRS asserts a $101,000 tax liability. You may find that your client has grossly misstated the actual tax debt - it can happen. Or, if your client is correct, you may be able to convince the agent to file an amended proof of claim.
II. Step 2: File An Objection
If your foray into telephone law fails, prepare and file an objection to the proof of claim, and set the consideration of your objection for a hearing. Review Fed. R. Bankr. P. 3007 for details on how to do this.
Good luck.
All the best,
Nick
Nicholas Gebelt, Ph.D., J.D.
Law Offices of Nicholas Gebelt
15150 Hornell Street
Whittier, CA 90604
Phone: 562.777.9159
FAX: 562.946.1365
Email: ngebelt@goodbye2debt.com
Web: www.goodbye2debt.com
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Just to educate those who dont know him:
Neal Kakuske is in IRS Special Procedures, downtown LA
213/576-3456
- John Faucher
On 5/7/10 3:56 PM, "higginbothamlaw@aol.com"
wrote:
>
>
>
>
>
> I second that suggestion! Neil is an incredible person and has been an
> excellent friend to the bk community. He really endeavors to track things
> down and get them resolved.
>
> KEITH
>
>
> -----Original Message-----
> To: cdcbaa@yahoogroups.com
> Sent: Fri, May 7, 2010 3:52 pm
> Subject: RE: [cdcbaa] IRS proof of claim erroneous, what do I do ?
>
>
> call Neal, if it is not his case, he is nice and will tell you who to call.
> If audit is really over, ask for an amended proof of claim.
>
> dennis
>
> 213-576-3456 (he is in special procedures)
>
> --- On Fri, 5/7/10, David A. Tilem wrote:
>>
>> Subject: RE: [cdcbaa] IRS proof of claim erroneous, what do I do ?
>> To: cdcbaa@yahoogroups.com
>> Date: Friday, May 7, 2010, 3:49 PM
>>
>> Call special procedures, or file a claim objection.
>>
>>
>> David A. Tilem
>> Certified Bankruptcy Specialist*
>> Law Offices of David A. Tilem (a debt relief agency)
>> 206 N. Jackson Street, #201, Glendale , CA 91206
>> Tel: 818-507-6000 Fax: 818-507-6800
>>
>> * Bankruptcy specialist cert. by State Bar of CA Bd of Legal Specialization.
>> Business bankruptcy specialist cert. by Amer. Bd. of Certification
>>
>>
>> -----Original Message-----
oups.
>> com] On Behalf Of ArnoldH
>> Sent: Friday, May 07, 2010 2:19 PM
>> To: cdcbaa@yahoogroups. com
>> Subject: [cdcbaa] IRS proof of claim erroneous, what do I do ?
>>
>> Chapter 13, we filed back taxes owed at $8,500. IRS filed a proof of claim
>> $101,000. Client audited, seems client only owes some $8,500, but have not
>> received confirmation that there are no additional taxes from IRS. Our
>> confirmation is June 2, 2010. Procedurally what are we supposed to do here ?
>> I have been researching this, but have not found an answer.
>>
>
>
>
>
>
>>> - John D. Faucher
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Re: [cdcbaa] IRS proof of claim erroneous, what do I do ?
Just to educate those who don’t know him:
Neal Kakuske is in IRS Special Procedures, downtown LA
213/576-3456
- John Faucher
On 5/7/10 3:56 PM, "higginbothamlaw@aol.com" <higginbothamlaw@aol.com> wrote:
I second that suggestion! Neil is an incredible person and has been an excellent friend to the bk community. He really endeavors to track things down and get them resolved.
KEITH
-----Original Message-----
a>>
To: cdcbaa@yahoogroups.com
Sent: Fri, May 7, 2010 3:52 pm
Subject: RE: [cdcbaa] IRS proof of claim erroneous, what do I do ?
call Neal, if it is not his case, he is nice and will tell you who to call. If audit is really over, ask for an amended proof of claim.
dennis
213-576-3456 (he is in special procedures)
.com">DavidTilem@TilemLaw.com> wrote:
emLaw.com>
Subject: RE: [cdcbaa] IRS proof of claim erroneous, what do I do ?
To: cdcbaa@yahoogroups.com
Date: Friday, May 7, 2010, 3:49 PM
Call special procedures, or file a claim objection.
The post was migrated from Yahoo.
I second that suggestion! Neil is an incredible person and has been an excellent friend to the bk community. He really endeavors to track things down and get them resolved.
KEITH
To: cdcbaa@yahoogroups.com
Sent: Fri, May 7, 2010 3:52 pm
Subject: RE: [cdcbaa] IRS proof of claim erroneous, what do I do ?
call Neal, if it is not his case, he is nice and will tell you who to call. If audit is really over, ask for an amended proof of claim.
dennis
213-576-3456 (he is in special procedures)
The post was migrated from Yahoo.
Call special procedures, or file a claim objection.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
ArnoldH
Sent: Friday, May 07, 2010 2:19 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] IRS proof of claim erroneous, what do I do ?
Chapter 13, we filed back taxes owed at $8,500. IRS filed a proof of claim
$101,000. Client audited, seems client only owes some $8,500, but have not
received confirmation that there are no additional taxes from IRS. Our
confirmation is June 2, 2010. Procedurally what are we supposed to do here ?
I have been researching this, but have not found an answer.
Message
Call special procedures, or
file a claim objection.
David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.
Chapter 13, we filed back taxes owed at $8,500. IRS filed a proof of claim $101,000. Client audited, seems client only owes some $8,500, but have not received confirmation that there are no additional taxes from IRS. Our confirmation is June 2, 2010. Procedurally what are we supposed to do here ? I have been researching this, but have not found an answer.
The post was migrated from Yahoo.