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    Modification of Payment Plan & Tax Question

    Hi Everyone:

    I'm so grateful for this board! I filed a chapter 13 and have already made my first payment of $1636 to the trustee with 56 more to go. We would like to keep our house and are making the payments outside of plan. The problem is that I'm a writer and live off of my advances. My hubby works a full-time job but his income can't cover both the trustee payment, the utilities and other expenses and our mortgage. Our income averages between 100k- 150k but this year has been crazy and recently my publisher has decided to wait until the new year to see my pre-sale numbers for upcoming book before offering me a new contract. For 11 years, I've gone back to contract no later than September and we've budgeted our monies to get us through the end of the year--well, as you can imagine, we've had drama with getting checks late, unexpected emergencies, death in the family, etc. My question is this: I am going to contract with new publishers (in negotiations) but monies will not be in hand until February or March 2008. We still have to pay the mortgage and property taxes in the meantime and I'm wondering if we can have atty amend our plan to lower or have no payments to trustee until March 2008 and adjust our payments accordingly? I live in North Carolina.

    My second question is regarding taxes owed to IRS. They filed a claim from unpaid taxes from 93-96 and said that we have a lien, but we were never notified of this and it doesn't show up on our credit report. The date on the form in Pacer says it was filed Dec. 2006 but it has our 2007 BK case number on it--if this form is supposed to be the original--how can the case number be on it? I don't want to mess with the IRS and I'm willing to pay what I owe but it's all unsecured and should be treated as such.

    I apologize for the long email. Thanks in advance.
    Chapter 13
    Filed 10/10/2007
    341 Meeting: 11/19/2007

    #2
    Welcome to BK Forum, writerRT - glad you found us!

    Originally posted by writerRT View Post
    I am going to contract with new publishers (in negotiations) but monies will not be in hand until February or March 2008. ... I'm wondering if we can have atty amend our plan to lower or have no payments to trustee until March 2008 and adjust our payments accordingly? I live in North Carolina.
    I see you have 57 payments which gives your trustee a bit of leeway.

    Since your income has fallen and frankly, in the financial world of bankruptcy, a promised contract is just that...a promise, your lawyer could file an amended plan based on your lowered income from the past months since there's no guarantee of the new contract coming in on time. Give him/her a call and see what's possible.

    My second question is regarding taxes owed to IRS. They filed a claim from unpaid taxes from 93-96 and said that we have a lien, but we were never notified of this and it doesn't show up on our credit report.
    I wouldn't depend on a credit report to show whether the IRS has past due taxes waiting in the wings for you.

    Don't know you realize this or not, but in general, unsecured income taxes that were first due more than three years before the bankruptcy is filed, for which a timely and non fraudulent return was filed, can be discharged in full in any chapter of bankruptcy.

    Before you jump in to pay these very old taxes, discuss the possibility of having them wiped out in your Ch 13, especially if you are going to file an amended plan anyway.

    Again, welcome to the forum! Ask questions, vent when needed, and share the happiness on the good days! Glad you're here!
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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