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Motion to Discharge without Prejudice to IRS
You might want to consider hardship discharge too - 1328(b).
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647
Telephone: (310) 391-2400* Toll Free: (800) 307-3328 * Fax: (310) 391-2462
On Wednesday, August 23 wrote:
Debtor filed Chp13 in 2012 and has paid $44,000 pursuant to theplan.The IRS filed a Proof of Claim in 2016 which made the plan infeasible. Trustee filed a Motion to Dismiss Chp13 due to material defect.Debtor will file a Motion asking the Court to grant Debtor's discharge pursuant to 11 U.S.C.Section 1328(a) without discharge or prejudice to IRS. (Debtor will make payments to IRS after discharge)
Is there any otherlegal finding which gives the court authority to grant a discharge without prejudice or discharge to the priority claim of the IRS?
Philomena N. Nzegge & Associates, Inc.
Law Office of Philomena N. Nzegge
3701 Wilshire Boulevard
Suite 1120
Los Angeles, CA 90010
Phone:213.739.0650 Fax:888.607.9813
Cell:213.507.0650
Confidentiality Notice: This email is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is legally privileged.rp-mkp {border:1px solid #d8d8d8;font-family:Arial;margin:10px 0;padding:0
The post was migrated from Yahoo.
Debtor filed Chp13 in 2012 and has paid $44,000 pursuant to theplan.The IRS filed a Proof of Claim in 2016 which made the plan infeasible. Trustee filed a Motion to Dismiss Chp13 due to material defect.Debtor will file a Motion asking the Court to grant Debtor's discharge pursuant to 11 U.S.C.Section 1328(a) without discharge or prejudice to IRS. (Debtor will make payments to IRS after discharge)
Is there any otherlegal finding which gives the court authority to grant a discharge without prejudice or discharge to the priority claim of the IRS?
Philomena N. Nzegge & Associates, Inc.
Law Office of Philomena N. Nzegge
3701 Wilshire Boulevard
Suite 1120
Los Angeles, CA 90010
Phone:213.739.0650 Fax:888.607.9813
Cell:213.507.0650
Confidentiality Notice: This email is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is legally privileged.
The post was migrated from Yahoo.