I filed chapter 13 last February. Included were back taxes I owed to federal. Almost simultaneously, they filed a lien against me (my truck). It's pretty much the only thing I own. That lien is meant to secure their money should I sell the truck. 2 months after the 13 was filed, the Fed came forward and asked for the amount in the lien to be added to my 13. This caused my payment to go up by $150 a month. How can they double dip like that? I have included the money I owe them into the BK, which means they are being paid. If they also ask for the money from the lien, aren't they being paid TWICE?
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Think I'm being screwed here... Serious question.
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If they get paid in full in the BK, the lien will be released. If you sell the truck before they get paid and they are paid from the proceeds, you should let your attorney know so that your plan can be modified to eliminate the payments from the plan.
You say the lien was filed "almost simultaneously". Was it filed before or after your BK was filed?
ETA: If the amount in the IRS proof of claim exceed the amount you owe, then you should have your attorney object to the proof of claim. Having a lien against your property and getting paid from your plan payments is not double dipping. It is how a Chap 13 works. You get to keep your assets and pay the debt they secure.Last edited by LadyInTheRed; 05-17-2016, 10:11 AM.LadyInTheRed is in the black!
Filed Chap 13 April 2010. Discharged May 2015.
$143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!
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