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Chapter 13 finally ... But now the IRS???

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    Chapter 13 finally ... But now the IRS???

    So I have been going back and forth with the CHapter 13 process and went to court for a creditor, and I am finally in and have been making my payments to the trustee via my job for a month now, but paying the trustee on my own since May. I just got a letter from the IRS about Notice to intent Levy?? They are included in my bankruptcy payments, so how is this possible?? I have been on hold with the IRS for 1 hour still waiting and have emailed my attorney. Has this happened to anyone?

    #2
    The IRS is very slow in processing certain things. That's why they get 180 days to file a claim whereas regular creditors get only 90 days. Ask to speak with the insolvency department at the IRS. They'll rescind the letter.
    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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      #3
      Thanks I am on hold now... I hate the fact they give you two weeks to fix this problem.. Not a good feeling before the holidays

      Comment


        #4
        Well, it's void from the beginning (ab initio as they call it) since you filed and then they threatened a lien. Two weeks wouldn't matter since they'd have to remove it.

        The problem is that if you filed in May 2016, then IRS should know by now that you have filed bankruptcy. There must have been some sort of issue with that communication. Rest assured that any "pre-petition" IRS debt is covered in the bankruptcy and, so long as you're in the Chapter 13 and receive a discharge, they can't attempt to collect any past debt or create any federal tax lien for that debt.
        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.

        Comment


          #5
          After 1 hour and 43 minutes I got someone and he said it is fine and those letters are computer generated ( STUPID ) But, I am relieved nonetheless

          Comment


            #6
            Next time you may be able to call the Central Insolvency Operations number directly. It's published on the IRS site. Don't call the regular number since they typically need to transfer you to CIO anyhow.
            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.

            Comment

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