Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
my lawyer said that we need to accept the irs respons for the additional 65k to say in bk then after we would could fight to get the 65k reduced. i disagree with this i think that once i agree to this there will be no reversal. i can not afford this. i think the judge has already sign the order because he is on vacation. the only way we say in bk if we all come to a agreement.by aug 15 . ifeel the judge should hear what the irs is doing but the next court date is in september
Response: Your assessment of the situation is correct. If you have an agreement with the IRS, you cannot later fight it. That will be a losing battle. The best place to fight IRS now is in the bankruptcy forum and getting a hearing before the Judge. First, you would need to get an extension for the August 15 deadline so that you would have more time to try to convince the Judge. Second, have your attorney contact IRS bankruptcy unit and request for the extension to negotiate some more. Then file this consented to agreement on the extension with the Court. You would want to try to extend to October since the Judge comes back in September. That way the Judge has rested, and you would have more time to try to work out something with the IRS and hopefully present your agreement to the Judge for approval.
If you are convinced that the Judge has already signed the order, then there is nothing that you can do if the IRS refuses to play along. However, I have serious doubts that the order has already been signed since the Judge does not know whether you would come to an agreement on or before the August 15 deadline. It does not make much sense for the order to have already been signed by the Judge when the event which is going to determine the Judge's action has not even occurred.
i agree with you thank you