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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