Central District Consumer Bankruptcy Attorney's Association

Have you checked the court's claims register or the trustee's website to see if there has been a claim filed? I understood John's response to mean that a proof of claim is inevitable. The IRS will eventually file a POC, unlike the FTB. If that happens after debtor has paid directly, then will need to request withdrawal (or amendment) of IRS POC to prevent double payment and infeasible plan.
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 Friday, March 21, 2014 9:45 AM, "sam@southbaybk.com" wrote:
Hmmmmm. So I thinkPeter is saying that it is not a proof of claim, and John is saying that it is. That's about the same answer I got from the Trustee - LOL! I do see that the language on the Request formthe safest thing to do is tell the client he has to pay it quickly (and then get the IRS to withdraw the request) or else he has no choice - I will have to do a momod. Then I will have to confirm that thetrustee is paying it - or else ask the IRS to file an actualPOC - which they maybe could have done to begin with. Thanks for the input.

The post was migrated from Yahoo.

See 1305.
If the IRS hasn't filed an actual POC or amended POC for the postpetition liability, then call the IRS and request that it file one before you modify the plan.
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, March 20, 2014 9:53 AM, John Faucher wrote:
Hello Sam:
Yes, the request for payment will be treated as a proof of claim. Plan will need to be modified to provide for IRS. If you want to pay IRS directly, thereby reducing trustee fees, call the specialist whose name is at the bottom of the claim. But you had better be ready to pay right away. IRS will not tolerate debtors "pyramiding" their taxes, i.e., incurring tax debt while being protected by bankruptcy. If taxes aren't current, IRS will move to dismiss.
- John D. Faucher
818/889-8080
________________________________
To: cdcbaa@yahoogroups.com
Sent: Thursday, March 20, 2014 9:39 AM
Subject: [cdcbaa] IRS Request for Payment of Postpetition Taxes
I am having trouble getting an answer I can understand from chapter 13 trustee staff, so I thought I would pose this question to the group. Is an IRS Request for Payment of (postpetition) Taxes (a form I have not seen before), filed in a chapter 13, treated as a POC? I know that the Debtor can Mod a plan to include payment of postpetition taxes. But now I have the IRS requesting such treatment - which of course renders the plan infeasible and requires me to do a momod. The client wants me to leave it alone and let him pay the IRS directly at a later date, but I am concerned that the Trustee will pay the "request" and create a feasibility problem. Of course we are well past the claims bar date.

The post was migrated from Yahoo.

Hello Sam:
Yes, the request for payment will be treated as a proof of claim. Plan will need to be modified to provide for IRS. If you want to pay IRS directly, thereby reducing trustee fees, call the specialist whose name is at the bottom of the claim. But you had better be ready to pay right away. IRS will not tolerate debtors "pyramiding" their taxes, i.e., incurring tax debt while being protected by bankruptcy. If taxes aren't current, IRS will move to dismiss.
- John D. Faucher
818/889-8080
________________________________
To: cdcbaa@yahoogroups.com
Sent: Thursday, March 20, 2014 9:39 AM
Subject: [cdcbaa] IRS Request for Payment of Postpetition Taxes
I am having trouble getting an answer I can understand from chapter 13 trustee staff, so I thought I would pose this question to the group. Is an IRS Request for Payment of (postpetition) Taxes (a form I have not seen before), filed in a chapter 13, treated as a POC? I know that the Debtor can Mod a plan to include payment of postpetition taxes. But now I have the IRS requesting such treatment - which of course renders the plan infeasible and requires me to do a momod. The client wants me to leave it alone and let him pay the IRS directly at a later date, but I am concerned that the Trustee will pay the "request" and create a feasibility problem. Of course we are well past the claims bar date.

The post was migrated from Yahoo.