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Feel like pulling my hair out! IRS trying to collect Post-Petition taxes.

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    Feel like pulling my hair out! IRS trying to collect Post-Petition taxes.

    I'm just about ready to throw the towel, I just can't take this anymore! Everything is going wrong! Please don't judge me, just answer my question. What happens if we have to have our case dismissed? I realize I will still owe the money we have left, but what is the impact of having a BK not discharge on my CBR?
    Last edited by LadyInTheRed; 10-04-2012, 11:50 AM.
    Filed August 09, all payments made as of July 12th, 2013.....Waiting on final audit and discharge!

    #2
    The BK will still show up on your credit report for 7 to 10 years after the date you filed. All of your creditors can also start reporting deliquencies again. Your credit report will be terrible!

    I'm sorry you are having a hard time. Nobody is going to judge you. But if you share what's going on maybe we can make some suggestions. I see you recenltly posted that you have 10 months left in a 44 month plan. It would be a shame to come this far and not get your debts discharged.
    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!

    Comment


      #3
      Originally posted by LadyInTheRed View Post
      It would be a shame to come this far and not get your debts discharged.
      Indeed. I see this on a regular basis.

      Don't give up! Only 10 more months........
      All information contained in this post is for informational and amusement purposes only.
      Bankruptcy is a process, not an event.......

      Comment


        #4
        thank you lady in red, everything is a mess for us. Our currently problem we have no one to blame but ourselves, we owed the IRS money in our BK, we have finished paying over $8000.00 to them and our case shows we are paying them another $654 for something, we have a balance on that claim of about 313. Things have been so tight for us, we never corrected our paycheck withholdings. Well I knew that I owed 700 from 2011, but now found out we still owe for 2010 another 1000, plus when I called their collections department they say that we owe fees or interest that has been occurring that totals over another 1000, they say that is not in our plan!!!!

        OMG, she tells me that we need to have something worked out by November 17th, or they will go after my husbands paycheck! In Ohio they won't allow us to have a payment arrangement outside our plan.....so they give me another # to our "case" worker who of course doesn't answer her phone only voice mail......I've been crying all day! I just am SO SICK of this mess....

        I want my MONEY back! I hate this so much. I don't even care of about credit I hope I never have to borrow anything from anyone again. I'm so sick of owing people money!

        I need to figure out how to handle this IRS thing, and right now the only hope I can see is leave our case and take every dollar and pay them the hell off! Then try to settle with everyone else. I just want my life back!

        I'm sorry to sound so stupid, today is just not my day!
        Filed August 09, all payments made as of July 12th, 2013.....Waiting on final audit and discharge!

        Comment


          #5
          It is my understanding it could be possible to modify the plan to add in taxes that come due during the plan. If you have ANY room to add to your payment perhaps this would be better then a garnishment.
          3/2/09- Filed: chapter 7 / No asset
          4/1/09- 341 Hearing: 1 creditor showed up Got to love family feuds
          4/2/09- Trustee Report of No Distribution Filed
          6/24/09- Discharged and case closed

          Comment


            #6
            You aren't stupid. Just frustrated.

            Originally posted by DUMBAGAIN View Post
            OMG, she tells me that we need to have something worked out by November 17th, or they will go after my husbands paycheck! In Ohio they won't allow us to have a payment arrangement outside our plan.....so they give me another # to our "case" worker who of course doesn't answer her phone only voice mail......I've been crying all day! I just am SO SICK of this mess....
            Do you mean a case worker at the IRS? If so, when she calls back, tell her the date you will be done with your Chap 13 and propose that after you make your last plan payment you start making the same payments to them. I don't know if it will work, but it can't hurt to ask. Other members have successfully dealt with the IRS on post petition taxes. I don't remember the details, but my impression was that the IRS was pretty cooperative in working with them. I'm going to edit the title of your post so that it has a chance of attracting the attention of people who have dealt with this issue.

            Modifying the plan to extend it beyond 44 months is an option, but you will incur attorney fees to do that. I think you are in a 100% plan, so it would be better to work things out with the IRS if possible.

            Have you changed your withholding yet so you don't end up owing again?
            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!

            Comment


              #7
              You can work it out with the IRS; I did; I owed a whole lot more for 2008 - 2009; I worked hard from the time I got a letter from the IRS in June, 2010, until now; They threatened to have my plan dismissed; I paid what I could and those 2 years are paid off; I still owe a good bit for 2010 and a little for 2011, but I plan to work on that as well once I get my discharge papers, which should be in a few months; Do yourself a favor, don't give up and call the IRS rep that wants the money, not the IRS case worker and see if you can mail payments in until you're discharged; Yes, please tell them you'll be done with your plan soon; Calm down;

              Comment


                #8
                I will also chime in that you can work out a satisfactory payment plan with the IRS. That has been our major creditor, and any monies gotten by our trustee during the course of our CH7, went toward those taxes.

                After that we have been on a repayment plan, and just got the payment reduced to $100.00 per month. We still have about 8K left.

                Talk to the IRS people; they are not ogres, and WILL work with you as long as you are honest and up front about your financial situation.
                "To go bravely forward is to invite a miracle."

                "Worry is the darkroom where negatives are formed."

                Comment


                  #9
                  I am going to add my comments:

                  1. The IRS is not likely to even try to garnished wages for post petition taxes as your wages are necessary to fund your plan.

                  2. If you are talking to some a revenue agent who is not with the bk department (Special Procedures Function) of the IRS, stop. Find out the local number for SPF and talk to a revenue agent who actually understands bk. The collection department is the wrong department to be dealing with.

                  3. You have 2 options with post petition taxes depending upon how the IRS wishes to proceed. You can enter into an installment agreement outside of the bk Plan payment. If that is not to your liking you can ask the IRS to file a "1305 claim" and then modify your Plan (extend duration) to pay the claim.

                  In the grand scheme of things you do not owe a ton of post petition taxes. You should be able to work it out without losing sleep over this.

                  Des.

                  Comment


                    #10
                    Thanks everyone~ I've tried about 10 times in the past week to get a hold of the rep in the BK dept that I was told is handling our case, to no avail I always get her voice mail, I've left messages, but no call back. Any other suggestions how to get a hold of someone? I did contact our attry, who said try to work it out directly with the IRS first, if they will not work with us then the attry said we could add to our plan but it will cost us, so with 10 months left it would be best to work out a deal.
                    Filed August 09, all payments made as of July 12th, 2013.....Waiting on final audit and discharge!

                    Comment


                      #11
                      Dumbagain, the person may have a heavy workload or could be out of the office for some reason. Is there an option to connect to somebody else? If not, call the main number for the Special Procedures Unit and let them know you are having trouble reaching the agent handling your case. I'm guessing the Cincinatti office is the one closest to you: (513) 684-2442. You might also ask for a fax number so you can fax the person a letter asking her to call you to discuss your case.
                      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!

                      Comment


                        #12
                        My two cents.

                        Is it possible to go C7? I assume not and am not a 13 Guru. However here is what I know: We were on a plan already when we went C7. The IRS stopped all pulls and blocked my pay online site. We became an asset case.

                        After discharge, the IRS chimed in again as if we never paid a thing. SOP. One hand does not know what the other is doing. Not a problem, I simply set up another plan. The idea is not to let them come to you, but you address them first. My case did not close for a year after discharge since the assets had to be divided out. IRS got all of it that lowered my bill to only 27K. ($27,000.00)

                        So, I was paying $450 a month on the plan. They will ONLY pay the first year you are delinquent FIRST and when that is paid the second and so on. After a while things get tight and about two years ago I asked to have a reduction to $250. They agreed. Just last month, I asked if I could have another reduction to $100 and this too was given. I just got the new papers and it's a done deal.

                        I also agree that you need to talk to another agency of the IRS. Simply call them and ask for the BK part of the system and you should get the number and/or a transfer to them. Have your SS and BK case number handy. This will fix you up, I am positive. They are not hard to work with if you are straight up with them.

                        Take a deep breath and handle the situation. If one department will not work with you, another will or ask for a department head. I've never heard of a "case worker" in IRS. Drop him/her and go to the BK department. They know stuff that other departments don't. 'Hub
                        If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

                        Comment


                          #13
                          Thanks again everyone, Hub when I say "case worker" I mean the person in the insolvency group that is assigned to our case. Lady in Red, thanks for that number I'll give that a shot today.
                          Filed August 09, all payments made as of July 12th, 2013.....Waiting on final audit and discharge!

                          Comment


                            #14
                            I finally got a hold of our IRS person, she said I can't do a payment arrangement, but I can send voluntary payments. She also said that due to the bankruptcy they would not garnish wages or levy bank accounts, as the threatening letters they send out sent to anyone who owes back taxes, however they could ask for a dismissal of our case for not being compliant. But that if I send payment we would be ok. I also asked about those interest and fee penlites the collections department told me about and she said, they don't know how the BK works, once we filed the fees and penlites stopped, they file their claim we pay and that's the end of the story-- any fees that they didn't include in their claim are wiped out.

                            Thanks everyone that helped me out with this, 10 months to go!!!!
                            Filed August 09, all payments made as of July 12th, 2013.....Waiting on final audit and discharge!

                            Comment

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