Newbie with a unique problem.

[Lynn12]

Hello everyone. I've lurked here for some time & want to thank you all for the wealth of information. Now I've joined because I have what could lead to a major problem for our chapter 13.

We filed chapter 13 in 2007 & all should of been wrapped up in early 2011. We were so excited to be nearing the end of this all. Then we got a letter. It seems that somewhere along the line, one of the two back property tax bills we had included in our bankruptcy was never counted in the total payback amount. (So the amount for county tax office was doubled) This mistake will add on a year to our bankruptcy length and our monthly payment was up'ed. We are both upset over this, but there is little we can do.

Then comes the second part of our situation. My sister is the only one we have told about the bankruptcy. I explained what was going on and she saw how upset it made us and now she wants to go pay that second back property tax bill for us. (anyone can walk in & pay that bill.)

My question is if she does this without informing us first, what will the fallout be? I told her not to, but she is very motherly of me & she is stubborn. She has done this type of thing before & I suspect she may do it again. I'm just so worried that it will force us into a 100% plan. (We are only paying 16% on the unsecured debt)

Does anyone know what will happen? Will this damage our chapter 13 or will it just revert back to the orginal plan?

[lrprn]

My sister...wants to go pay that second back property tax bill for us. (anyone can walk in & pay that bill.) My question is if she does this without informing us first, what will the fallout be?

Your state tax folks won't care as long as the bill is paid. Also you are allowed to accept gifts during your Ch 13. However, since your Ch 13 plan has been modified to accommodate this tax debt, that's going to involve your trustee. How much is tax bill your sister is wanting to pay?

You need to ask your lawyer how your sister paying the tax debt in full may impact your case before she does anything. (And give that sweet sister of yours a hug for wanting to help you out!)

[BKchapter13]

If this tax debt is now part of and included in your plan revised by your state trustee and courts approved, Yes, it will create a problem, it states very clearily not to have any contact whatsoever with the creditors to do so could result in a dismissal of your case. I would asap talk to your attorney.

[Lynn12]

Your state tax folks won't care as long as the bill is paid. Also you are allowed to accept gifts during your Ch 13. However, since your Ch 13 plan has been modified to accommodate this tax debt, that's going to involve your trustee. How much is tax bill your sister is wanting to pay?

You need to ask your lawyer how your sister paying the tax debt in full may impact your case before she does anything. (And give that sweet sister of yours a hug for wanting to help you out!)

The property tax bill in question is about 3k right now. As for talking to the lawyer, well, we're not seeing eye to eye on this because it was their clerical error. As for my sister, she is a sweetheart with the best of intentions & hopefully I can make her understand this may do more harm than good.

Thank you for the reply.

[Lynn12]

If this tax debt is now part of and included in your plan revised by your state trustee and courts approved, Yes, it will create a problem, it states very clearily not to have any contact whatsoever with the creditors to do so could result in a dismissal of your case. I would asap talk to your attorney.

I have to continue to pay my property tax bill each year so I'm not sure why I can't communicate with them since I still do business with them.

As for my sister trying to pay this bill. I posed this question because this is not like a credit card where someone would need some sort of account number to make a payment on it. This is something that anyone can walk in off of the street, ask and recieve information on any outstanding balance & that person is free to pay it. I can't stop them & I'm sure the county won't either so why would I be in trouble for someone else's actions?

I will try like heck to help her understand that this may damage my chapter 13, but how can I stop her, or anyone for that matter, from walking in and paying it?

[moe]

I'm sorry. Family stuff can be tricky.

Your sister is sweet, though.

I guess what I don't get is the 100% plan. Why would you go into a 100% plan? How would you go from 15% to 100%?