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Chapter 13 Question
The original IRS claim is paid through the plan. If the Debtor did not put a provision in the original plan to allow for 1305 types of debts then the IRS will not amend their claim unless the Debtor files a MOMOD to allow the new debt. So there is no need to do anything but deal with the 1305 debt outside the plan. 1305 debt is allowed when the debtor asks the court, or the creditor asks the court to include the debt in the plan.
1305 covers other types of debts, such as debts for medical emergencies, or consumer purchases necessary for debtor to complete the plan. If the debtor asks the court to approve the debt and the court approves the debt, then, if the debt is not a priority debt and the plan is modified to include the debt, the balance of the debt unpaid at the time of completion of the plan, is dischargeable.
Here the debt is for taxes, since they are post petition, most likely priority,it doesn't really matter if it is included in the plan or not, especially at this late in the plan, because the debtor needs to pay the full amount.
If after the discharge of the current 13, the IRS demands a payment higher than the debtor can afford, and a chapter 13 would allow the debtor to pay the debt in five years in an amount the debtor can afford, then the Debtor can file another 13 as a 100% payment plan with no need for a discharge. at need to be addressed.
Law Office of Catherine Christiansen
Certified Specialist, Bankruptcy Law, The State Bar of California Board of Legal Specialization.
On Friday, February 13, 2015 4:30 PM, "Holly Roark hollyroark22@gmail.com [cdcbaa]" wrote:
Can you ask the IRS to amend their claim so there's no balance they're seeking through the plansince it'sa 1305 claim that can be dealt with outside the plan?
On Thursday, February 12, 2015, Larry Simons larry@lsimonslaw.com [cdcbaa] wrote:
I have a debtor who has come to the end of his 60 month term and he still owes money to the IRS on a 1305 claim. Can I file a motion seeking a discharge (not a hardship discharge) that specifically excludes the remaining balance owed on the 1305 claim such that the debtor will just enter an installment agreement with the IRS after the case is closed.Larry
Holly RoarkCertified Bankruptcy Specialist*
and Sports Lawyer
holly@roarklawoffices.com**primary email address**www.roarklawoffices.comCentral District of CaliforniaConsumer Bankruptcy Attorney1875 Century Park East, Suite 600Los Angeles, CA 90067T (310) 553-2600F (310) 553-2601*By State Bar of California Board of LegalSpecialization**For a quicker response, email me at holly@roarklawoffices.com. I only use gmail for my listservs, and am likely to miss private emails directed to my gmail account.**
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Can you ask the IRS to amend their claim so there's no balance they're
seeking through the plan since it's a 1305 claim that can be dealt with
outside the plan?
On Thursday, February 12, 2015, Larry Simons larry@lsimonslaw.com [cdcbaa] wrote:
>
>
> I have a debtor who has come to the end of his 60 month term and he
> still owes money to the IRS on a 1305 claim. Can I file a motion seeking
> a discharge (not a hardship discharge) that specifically excludes the
> remaining balance owed on the 1305 claim such that the debtor will just
> enter an installment agreement with the IRS after the case is closed.
>
>
>
> Larry
>
>
>
Holly Roark
Certified Bankruptcy Specialist*
*and Sports Lawyer*
holly@roarklawoffices.com **primary email address**
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
*By State Bar of California Board of Legal Specialization
**For a quicker response, email me at holly@roarklawoffices.com.
I only use gmail for my listservs, and am likely to miss private emails
directed to my gmail account.**
The post was migrated from Yahoo.
It has been my experience the IRS will not file a claim to include the 1305 debt in the plan unless the debtor files a MOMOD, then the IRS will file another claim.
So weighing the costs of the MOMOD and the Trustee fees for distribution of the additional debt, the Debtor may want to go ahead with the discharge, and deal with the IRS debt after the discharge.
Law Office of Catherine Christiansen
Certified Specialist, Bankruptcy Law, The State Bar of California Board of Legal Specialization.
On Friday, February 13, 2015 10:49 AM, "'Peter M. Lively' petermlively2000@yahoo.com [cdcbaa]" wrote:
I believe you will need an amendedplan.Peter M. Lively, J.D., M.B.A.
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 Thursday, February 12, 2015 4:57 PM, "Larry Simons larry@lsimonslaw.com [cdcbaa]" wrote:
I have a debtor who has come to the end of his 60 month term and he still owes money to the IRS on a 1305 claim. Can I file a motion seeking a discharge (not a hardship discharge) that specifically excludes the remaining balance owed on the 1305 claim such that the debtor will just enter an installment agreement with the IRS after the case is closed. Larry
The post was migrated from Yahoo.
I believe you will need an amendedplan.Peter M. Lively, J.D., M.B.A.
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 Thursday, February 12, 2015 4:57 PM, "Larry Simons larry@lsimonslaw.com [cdcbaa]" wrote:
I have a debtor who has come to the end of his 60 month term and he still owes money to the IRS on a 1305 claim. Can I file a motion seeking a discharge (not a hardship discharge) that specifically excludes the remaining balance owed on the 1305 claim such that the debtor will just enter an installment agreement with the IRS after the case is
The post was migrated from Yahoo.
I have a debtor who has come to the end of his 60 month term and he still owes money to the IRS on a 1305 claim. Can I file a motion seeking a discharge (not a hardship discharge) that specifically excludes the remaining balance owed on the 1305 claim such that the debtor will just enter an installment agreement with the IRS after the case is closed.
Larry
I have a debtor who has come to the end of his 60 month term and he still owes money to the IRS on a 1305 claim. Can I file a motion seeking a discharge (not a hardship discharge) that specifically excludes the remaining balance owed
on the 1305 claim such that the debtor will just enter an installment agreement with the IRS after the case is closed.
Larry
The post was migrated from Yahoo.
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You have to amend the plan in any event to account for the tax claim.
Modifying to reduce the percentage for unsecured creditors requires no extra
work. Whether an objection to claim is appropriate depends on whether the
claim is a legitimate claim - and whether the estate can bear the additional
attorney fees for making the 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.
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I have a chapter 13 case, confirmed plan with proposed 22.73% to unsecured
creditors. I just received notice from trustee that the "plan, as presently
constituted, will not pay out within the time proposed." The reason is that
one creditor filed a proof of claim for an amount that is $3000 more than what
was scheduled.
I seeking recommendations on how to respond to this situation. Objection to
the proof of claim or motion to modify plan to reduce the proposed
percentage paid to unsecured creditors.
Added factor which may or may not be relevant is that due to failure to have
proper withholding the debtors now owe about $2,500 in tax liability for
2008.
Thank you in advance for your input.
Sharon
Regards,
Sharon C. Hughes
Hughes & Dunstan, LLP
21650 Oxnard Street, Suite 1960
Woodland Hills, CA 91367
Tel: 818-715-9558 x1001
Fax: 818-715-9559
**************Get a jump start on your taxes. Find a tax professional in your
neighborhood today.
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