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Getting Money back from the IRS from a cleared audit that was put into my bk plan

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    Getting Money back from the IRS from a cleared audit that was put into my bk plan

    When we filled our chapter 13 bankruptcy in 2011 we found that the IRS was in the process of an audit with us. We just had not gotten the paperwork from them yet. We need to file our bankruptcy right away so our attorney told us to include the audit amount in our filing so we could move forward with the process and we were told we could take it out later if we cleared the audit. I'm happy to say we cleared the audit. When we talked to our attorney a few months after it cleared we asked how we could resolve this and have it fixed. The only way they would petition the court to change this is if we paid him an additional $1500 and the we had the chance of the court possibly changing our payment plan as well. We decided at the time it wasn't worth the money or headache at the time to have it done and we would see about getting the money back from IRS after we discharged. Our last payment is coming up the beginning of next month (yay!) and now I need to figure out what department at the IRS I need to contact to see about getting this money back to us. I've reached out to my attorney, but since we aren't a high priority case for him anymore I haven't heard anything back yet (it's been just about a week), I thought I would see if anyone else has been through this and if they have any good contact information on who at the IRS I need to speak to.

    #2
    You could just check to see if the IRS is holding a credit balance for you. Also, you may need to wait for a discharge. It can get complex and your attorney's rate is probably $250/hr and they are thinking it's 6 hours of attorney time to fix this.
    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

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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