Property tax bill in ongoing Chapter 13 mess What is pr=
Posted: Mon Mar 05, 2012 10:47 am
LA County "due dates" are 11/1 and 2/1. Your dates may be the date prior to late charge.
Peter M. Lively, JD, MBA
The Personal Financial Law Center
A-Bankruptcy-Attorney.com
Culver City (310) 391-2400
________________________________
To: cdcbaa@yahoogroups.com
Sent: Sunday, March 4, 2012 4:34 PM
Subject: [cdcbaa] Property tax bill in ongoing Chapter 13 mess What is proper claim amount prepetition/postpetition?
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 Im grateful to her). So Im 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 Im 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 a little analysis would be helpful, because Im 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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