FTB
Posted: Wed Jun 13, 2018 12:29 am
Nate:
See 11 U.S.C. Section 362(b)(26). FTB is correct.
Mark Jessee
Sent from my iPhone
> On Jun 12, 2018, at 11:11 PM, Nathan Berneman nathanberneman@yahoo.com [cdcbaa] wrote:
>
> Hello Everyone,
>
> I filed a Chapter 13 in March for a client that owes prior taxes. They ended up filing their 2016 and 2017 taxes after the bk. was filed and I believe they should receive any refunds due. FTB filed a Proof of Claim before the taxes were filed. Clients file the taxes a few weeks ago and found out the FTB is taking the refunds to apply to 2014 priority taxes.
>
> When I contacted the FTB, they said they take all pre-tax refunds for all pre-tax debts first.
>
> FTB said if I can find authority otherwise, to let them know.
>
> Last year I had a similar situation with the IRS who told me that the refund would go to my client if they filed their taxes after the bk. was filed. IN THIS SITUA TION, CLIENT FILED TAXES A FEW DAYS PRIOR TO THE Bk. FILING.
>
> Any thoughts? Violation of Stay? Why is this any different then a garnishment, offset or anything else?
>
> You can email me at ntdberneman@verizon.net.
>
> Thank you,
>
> Nate Berneman
>
The post was migrated from Yahoo.