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To my colleagues who practice Chapter 13:
BACKGROUND/GRUMBLING: I never have the time to burrow into my confirmed
13s to check long term feasibility after the claims deadline, although
1305 claims from the IRS/FTB can always come in later, but Nancy Curry
does point out my infeasible ones with a Motion to Dismiss (she is now
looking at projected failures, so I'm grateful to her). So I'm creating
a spreadsheet and doing a full audit of the case this lovely Sunday on
such case. Of course, there is no surplus to pay fees for this work.
FACTS: A Chapter 13 claim came in at $20,778.21 on February 1, 2010
from the Los Angeles County Tax Collector. Prepetition taxes owed were
$15,766.68.
However, they threw into the claim the next due tax bill for $5,011.53
due on 12/10/09 and 4/10/10. The case was filed 8/28/09, ergo both were
due postpetition.
ISSUE: Total claim is $20,778.21 including both prepetition and just
one year due postpetition. There could possibly be some in rem issue
I'm missing or other factor on how property taxes are assessed.
RULE: As I understand it, only prepetition claims are properly put into
a Chapter 13 claim, whether secured or unsecured.
QUESTION: Are the taxes due postpetition properly part of the Los
Angeles County Tax claim? For those kind enough to answer who prefer
one word answers without analysis, please respond "Proper" or "Improper"
but if you think "Proper" a little analysis would be helpful, because
I'm on the "Improper" side for now.
Steve
Law Offices of Steven B. Lever
>
> Steven B. Lever
>( Tel. (562) 436-5456 ext. 6470
>( Fax (800) 360-5161
>*
sblever@leverlaw.com
>
www.leverlaw.com
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