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JoeLawyer
JoeLawyer, Attorney
Category: Bankruptcy Law
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Experience:  Attorney in the practice of Bankruptcy Law since 1996
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Can you help me find a Chapter 13 bankruptcy attorney who is familiar with tax issues

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I had an attorney in a Chapter 13 case in Orange County who withdrew because I had an emergency and had to skip two plan payments. I need a bankruptcy attorney but no one wants to take the case because my attorney withdrew. Any advice?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  JoeLawyer replied 5 years ago.
Hi Heidi:

That is a tough situation. I am surprised that your tax issues are not already resolved since you are 6 months from completing a Chapter 13. The Plan should have been confirmed years ago, and the confirmation order should have resolved all tax issues, so I am unclear why there are any tax issues still pending only 6 months from completion of the Plan.

If you are talking about taxes which have been incurred since the bankruptcy was filed, then most of the time those taxes are not included/dealt with in the Chapter 13 case, so they are normally non-issues as to the Chapter 13 itself. In other words, debtors in bankruptcy normally complete their Plan, then deal with any taxes which were incurred after filing on their own.

I can't really give legal advice online, but I would suggest you find a bankruptcy attorney who can help you complete the case. I know you have already called 25 attorneys without success, so this may be a worthless suggestion, but it is really difficult to do more in this venue. It may help if ytou do not explain your situation on the phone to the attorneys you call; just call and set up a free consultation as if you were a potential new client, then when you get in there, say "Here's the deal...." This might be more successful, I don't know.

I hope this helps and a positive feedback is always appreciated if this was useful to you.

LEGAL NOTICE: I am only licensed to practice law in certain state(s) and I cannot give legal advice to someone who does not reside in a state in which I am licensed, nor shall anything I say in the above answer or elsewhere on this site be deemed legal advice, even to someone who resides in a state in which I am licensed. Fees I receive for answering questions are paid for information, not for legal advice. This forum is designed to provide general information only, and information herein is not warranted to be correct or applicable in any way since laws may have been misinterpreted herein, since laws change from time to time, and since the impact of those laws on any particular situation varies. The information presented in this site shall not be construed to be formal legal advice nor the formation of an attorney-client relationship. Persons accessing this response are encouraged to seek independent legal counsel in their jurisdiction for guidance regarding their individual circumstances. Do not take any action or inaction based on information presented herein since it is informational and may not be accurate or applicable to you; it merely attempts to give you a basis of knowledge to help you formulate questions to ask a legal or other professional in a face-to-face meeting in your jurisdiction. Joseph Ross does not hold himself out to be a specialist or expert in any area, regardless of assertions made by any third party, and any implication of being an expert or specialist herein is made in error. I hope the information presented above is useful to you. Answer above is (c) Joseph Ross. All rights reserved.

Customer: replied 5 years ago.
My attorney put together a 100% plan for me and was supposed to object to the IRS' proof of claim, but never did. The bankruptcy officially ended in October, but I just got a 20 day extension to submit a revised plan. The 100% plan was because I owned a house with equity. That has changed so that there is now little equity in the house. However, I am worried about the fact that the tax issues have remained unaddressed throughout the bankrtuptcy. Would this be malpractice on the part of my attorney?
Expert:  JoeLawyer replied 5 years ago.
It may be malpractice if the attorney was supposed to object but failed to, though even if it was malpractice that won't fix your immediate situation...

A better option may be to dismiss the case and re-file a new case since the equity in your home is likely much lower now due to the real estate crash. Again, I suggest contacting an attorney to set up a free, initial consultation as if you are a new potential client, then see if they would rather submit an amended plan, or dismiss and re-file to try to take advantage of the diminished real estate market.

LEGAL NOTICE: I am only licensed to practice law in certain state(s) and I cannot give legal advice to someone who does not reside in a state in which I am licensed, nor shall anything I say in the above answer or elsewhere on this site be deemed legal advice, even to someone who resides in a state in which I am licensed. Fees I receive for answering questions are paid for information, not for legal advice. This forum is designed to provide general information only, and information herein is not warranted to be correct or applicable in any way since laws may have been misinterpreted herein, since laws change from time to time, and since the impact of those laws on any particular situation varies. The information presented in this site shall not be construed to be formal legal advice nor the formation of an attorney-client relationship. Persons accessing this response are encouraged to seek independent legal counsel in their jurisdiction for guidance regarding their individual circumstances. Do not take any action or inaction based on information presented herein since it is informational and may not be accurate or applicable to you; it merely attempts to give you a basis of knowledge to help you formulate questions to ask a legal or other professional in a face-to-face meeting in your jurisdiction. Joseph Ross does not hold himself out to be a specialist or expert in any area, regardless of assertions made by any third party, and any implication of being an expert or specialist herein is made in error. I hope the information presented above is useful to you. Answer above is (c) Joseph Ross. All rights reserved.
JoeLawyer, Attorney
Category: Bankruptcy Law
Satisfied Customers: 767
Experience: Attorney in the practice of Bankruptcy Law since 1996
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