IRS Jeopardizing chap. 13 stay

Will chap. 13 debtor's incurring new IRS tax debt jeopardize the chap. 13 stay protections? Debtor is 100 % shareholder of corporation that has incurred approx. $70,000 in past due employment taxes. The IRS Revenue Officer is unwilling to entertain an installment agreement until debtor provides chap. 13 bankruptcy records. The RO has also asked us to contact the trustee, who the RO believes has collected too much from the debtor. The RO states the trustee would be required to credit any overcollections to the past due IRS employment taxes. The RO will be recommending the shareholder be held personally liable for the employment taxes based on the Alter Ego concept and Trust Fund issues, etc. I do not want to lose the chapter 13 stay, and subject the taxpayer to enforced collection.

Any ideas or suggestions would be appreciated.

Leon Kirkman

I see the guru's either can't or won't answer your question. I recently found this forum and posted like question on S Corporations. It gets read frequently but no sound advice from any of the guru's or moderators who like to post so much other stuff. Must be yourself and myself are the first to have a business fail and seek assistance on this forum.

I see the guru's either can't or won't answer your question. I recently found this forum and posted like question on S Corporations. It gets read frequently but no sound advice from any of the guru's or moderators who like to post so much other stuff. Must be yourself and myself are the first to have a business fail and seek assistance on this forum.

I am in no way affiliated with this forum, but I would surmise that you need to understand that business issues are more complex and generally the descriptions of the issue provided by the poster are wholly insufficient to provide even a preliminary idea or suggestion except to say that you should seek the advice of counsel in your area.

Even with the above situation, any suggestions are dependant on the timeline. We don't know when this person filed chap 13, how far he is into his plan, has his plan been confirmed, was this debt listed in the Schedules, etc etc, he calls the debt "new" debt, but infact may not be, but again, it depends on the timeline of events. Off the top of my head, I can think of about 15 questions I would want answered first before I would even attempt to give a very preliminary suggestion as to what his options may be.

Also, this is not really a forum for free legal advice and you guys are coming in here trolling for advice for which you REALLY REALLY need to speak to an attorney about, and probably pay to get.

Is this a forum for passing along or sharing of information or experiences which some can and is most likely 'legal advice' if you asked a state bar association. Then again the slogan under the Bankruptcy Forum.com says 'Support Community For All Your Financial Hardships'. Sorry but I find the word 'all' to a rather inclusive word meaning 'all or the whole extent, the entire number or community, the greatest possible or as much as possible; any, everything (Webster's). A lawyer only gets paid if you declare bankruptcy; even when they list in the yellow pages under Credit Counseling. I've call each one locally in my yellow pages under credit counseling; none offered credit counseling they steer you to bankruptcy so they can bill you and you can pay them; they won't file for BK if you can't pay. Any disclaimer saying it's not legal advice isn't necessarily true and a state bar could petition and a judge (judges are always members of the state bar, typically side with attorneys (their own kind) and get paid for their opinions); could surmise it is legal advice. Then again, whether even legal, ethical, right or wrong doesn't matter what really matters is who wins (need I say Johnny Cochran & OJ).

Is this a forum for passing along or sharing of information or experiences which some can and is most likely 'legal advice' if you asked a state bar association. Then again the slogan under the Bankruptcy Forum.com says 'Support Community For All Your Financial Hardships'. Sorry but I find the word 'all' to a rather inclusive word meaning 'all or the whole extent, the entire number or community, the greatest possible or as much as possible; any, everything (Webster's). A lawyer only gets paid if you declare bankruptcy; even when they list in the yellow pages under Credit Counseling. I've call each one locally in my yellow pages under credit counseling; none offered credit counseling they steer you to bankruptcy so they can bill you and you can pay them; they won't file for BK if you can't pay. Any disclaimer saying it's not legal advice isn't necessarily true and a state bar could petition and a judge (judges are always members of the state bar, typically side with attorneys (their own kind) and get paid for their opinions); could surmise it is legal advice. Then again, whether even legal, ethical, right or wrong doesn't matter what really matters is who wins (need I say Johnny Cochran & OJ).


All I can say is "huh?" :rolleyes:

I see the guru's either can't or won't answer your question. I recently found this forum and posted like question on S Corporations. It gets read frequently but no sound advice from any of the guru's or moderators who like to post so much other stuff. Must be yourself and myself are the first to have a business fail and seek assistance on this forum.

Hi,

I am not personally familiar with the question(s) you posted here. But allow me to make the following suggestions. In the event that your question doesn't get answered, or doesn't get answered to the degree in which you're content with.

Post another question asking for specific clarifications, and if you still have questions, after receiving new responses. You may be better off seeking the "paid" advise from an attorney, practicing the specific law in question. But keep in mind, that the answers/advise you recieve from an attorney, may still be ambigious.

Good Luck! :)