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How to dispute Trustee accounting after discharge

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  • How to dispute Trustee accounting after discharge

    Recently discharged - yeah! But almost immediately received a letter from the IRS that said we still owed for a post-petition (priority) tax liability that had been amended into our plan. Our payments went up accordingly to pay the liability. We made all the required additional payments to the Trustee. My accounting shows that I paid in approximately $10,000 to the Trustee in additional payments to pay the liability but my transcripts show the IRS only received approximately $5000 in payments from the Trustee. shows the same. No other priority tax liabilities were part of our plan , so the IRS didn't misapply payments.

    How do I go about disputing this with the Trustee? Are there pitfalls that I should be aware of? Anything that could come back and bite me if I go down this road?

  • #2
    There is really too much information missing. Please realize that an IRS claim may have been split into both a priority debt and a general unsecured debt. Additionally, any post-petition IRS under-witholding along with the penalties and interest on that debt and penalties are typically not satisfied under a Chapter 13 plan.

    What do you mean by your payments went up to cover the liability? Was the Chapter 13 Plan actually modified, with a Motion to Modify Confirmed Plan, after the IRS filed an additional claim, the claim was allowed, and the Plan was approved by the Trustee and granted by the judge? If not, and you just sent in "extra" payments to cover the additional liability without the assistance of your attorney to navigate the plan modification process, then it may have been wasted "additional" payments.

    In my second paragraph, I completely speculated. Without details, and I hate speculating, that's all I can do. Did the Trustee pay the "additional" amount to unsecured creditors? Did the Trustee pay only the "original" IRS claim, and not the post-petition additional items? You should not have received a discharge, after the audit, if there were issues with claims versus application of the funds.
    Last edited by justbroke; 01-30-2017, 12:01 AM.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    I am not an attorney. Any advice provided is not legal advice.


    • #3
      Thanks justbroke. Yes, our plan was officially modified in response to the IRS claim. It was fully a nonsecured priority claim. To add to the confusion, the IRS amended their claim (because of an amended tax return). So the Trustee was paying the original claim and then along came the amended claim - our plan was modified for both - and I think this is where the problem lies: The IRS is viewing the amended claim one way and the Trustee is viewing it another. In other words:

      A) Trustee view: The amended claim shows the total amount to be paid ($Z) through the duration of the plan. The Trustee has already paid out $X towards the original claim and thus would only need to pay out $Y to bring the total payments to $Z to satisfy the amended claim.

      B) IRS view: The amended claim shows the total amount due ($Z) at the time of filing the amended claim. Future payments from this date forward should equal $Z.

      My problem is that I don't know which view is correct. The Trustee shows she paid the claim in full, but the IRS says there is still $ owed.


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