Getting nervous....how would you handle this situation?

[southernbelle]

Here's my situation:

1. I'm still waiting for my chapter 7 to close (could be at any time)
2. I have non-dischargeable taxes owed to the IRS and State.
3. I hired a local Enrolled Agent to deal with the IRS on my behalf (he's got 22 years experience working for the IRS)
4. I've filled out IRS paperwork so that he can consider the best course of action to resolve the matter
5. He had triple bypass surgery in April and I found out by sending a "hello it's been a while email"
6. He informed me that he is recovering nicely and his clients are still a priority

Given these circumstances, I'm starting to freak out a little. I didn't know all of this was happening until I emailed him since I hadn't heard from him in a couple of months. I'm considering hiring someone else due to the health issue which will cost more money I don't have and I'll have to start from scratch. He's a really nice man (with a 22 year career with the IRS) and I feel that he would tell me if he couldn't handle my case, but I have my doubts. I also don't want him to work on my case at half speed. I probably still have a month or so until my BK case closes and the IRS probably won't start bombarding me with notices right away but I'm obsessive compulsive and would like to have my game plan ready for the mail before my case closes. I feel that if I wait too long or approach this the wrong way I will end up in a worse mess than I'm in already.

I'm thinking of giving him another couple of weeks to a month more to recover and making an appt. with him to sit down face to face to discuss my concerns. I don't want to offend him, but this is too important to have it go down the drain because he's off his game.

What would you do?

P.S. I've got a Power of Attorney with him as well as a retainer.

[southernbelle]

Sorry I forgot to mention this. When filling out the IRS paperwork it seems as if they allow fewer expenses than BK which means I need more legitimate expenses and was considering buying more life insurance, health insurance and maybe getting a small loan from my credit union.

What do you guys think? Any thoughts on any other expenses that might be allowed in filing an OIC or IA with the IRS?

[JRScott]

I don't know what to tell you.

Many folks make good recoveries from bypass surgery though they do have to take it slow a couple months. I suppose it would depend on when he expects to be released. If he is incapacitated it might delay IRS action since he represents you.

[LuciluS]

My husband had 5 bypass surgery on 2/7/07 at age 50. Was in the hospital from early Wed. - early Sat. He is an OTR Truck Driver. On 4/2/07, we left in our Class C Motorhome and went to Scottsdale, AZ to visit his uncle for 5 days. We stopped somewhere in New Mexico for one night before we go to Scottsdale. From there we went to Las Vegas and spent 3 days. Then we went to Shingletown, CA (by Shasta Mountain, Northern CA) to my brothers and stayed a week. He did all the driving - long ways. We left there and headed to Friendship, IN - three day trip. I drove for about 6 hrs. He did the rest of the driving. We stayed there and drove home to Yell County, AR (12 hrs. trip) & he did all the driving.

My point is he was capable of going back to work, but do to DOT regulations, he had to be off 3 months from date of surgery. Now, after we got back, two days later he started having Atrial Fibrillations (fluttering of the heart). Long story short, on 6/2/07 he ended up with a Pacemaker implant. This is NOT the norm. I knew when he had his 2 stents put in 3/05, his heart rate at resting was 30 which is way too low. So he was off another 3 months due to DOT regulations.

I would think he should be Capable of working on your case in another week, at the latest, if he hasn't already completed some part of the process already. . I think your 'plan of action' for a meeting in person is an Excellent Idea, but I would move your date up, say three weeks from your last conversation. Just My Opinion. If you don't feel he has met Your Needs, I would then fork out more money on another Agent. I just can't imagine what you've already had to pay for Chapter 7 and then to this Agent.

As for expenses, sorry, I'm no help there. Just wanted to tell you the timeline of my husband's experience with 5 bypass surgery. If you have any questions, please feel free to ask me.

Wishing You Good Luck on All your Filings

Luci

[southernbelle]

Thank you for your insight on how bypass surgery affects how you are able to function and the approx. length of time it takes to recover because I honestly had no idea. As fate would have it, I ended up having a last minute meeting with him yesterday because I checked my PO box and found a certified letter notice for a "bundle" of letters sent by the IRS. Since my BK case is still open, it caught me off guard.

I picked up a stack of letters which all state that the IRS intends to Levy if arrangements to pay the bills were not made within 2 weeks. I IMMEDIATELY made copies and took them over to the enrolled agent to find out what should be done. Well he first told me that they shouldn't be sending me anything until my BK case closes but he thinks the automatic system generated the notices. He also told me that since we have a Power of Attorney, he should have been contacted but he wasn't.

He will write a letter today to send to the IRS to get clarification on why the bills were sent prematurely and will also finish fine tuning the other paperwork we plan to send the IRS when my case officially closes.

It seems like when it rains it pours, but for now I think I have a handle on things and I feel much better that I was able to talk to him face to face and saw that he was still competent willing and able to work on my case, but getting notices like that from the IRS is NEVER a good thing (even while in BK).

P.S. To make matters worse, I checked my credit report yesterday and found that my score went down a few points. I've paid everything on time and knew that was wrong and found that Capital One (crapone) had a collection on my report filed January 09 for a debt that was discharged in July 08. I'm mailing that dispute letter off today!!! It's a good thing I checked it, I hate Capital One!!