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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 12923
Experience:  B.A.; M.B.A.; J.D.
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i am in bk 13 right now . every month for the last 6 month

Customer Question

i am in bk 13 right now . every month for the last 6 month the irs had been filing a motions to convert it chapter 7. the judge is tried of hearing it.we are 14 month away from our 5 year and out of bk. we had ann accountant inbisel 3 years of payroll taxes and a general contractor went bk at the same time and a irs renvenu office laid and did not file he paper work like he said long stort we sued and settle for 165k. back to my question our plan was for 215k we have 65k paid and 84k waiting for the judge to appove the sell on my house. the irs has kept14k in income tax from my wife that they will not give ne credit for.know here the catch the judge said that if we do not come to agreement he will force this in to cjhapter 7.and if gose to a 7 they will get another 120k. so there agreement is they want another 65k added to there amount. my lawyer told me that i have to accept or the judge will sign a chapter 7. so after we agree on the above fight it i disagree what do think
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Phillips Esq. replied 5 years ago.
<p>Could you clarify this sentence?:</p><p> </p><p>so after we agree on the above fight it i disagree what do think </p>
Customer: replied 5 years ago.
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
Customer: replied 5 years ago.
my lawyer said that we need to accept the irs additional 65k yo say in bk. he said that we could fight to get the amount reduced.i disagree i feel that if i agree .to accept there deal we could not get it reversed. the judge set a date for us to come up with an agreement by aug 15 . i also think he alreay sign the motion because he is on vacation untjl september. the irs is unfair iam not sure what to do
Expert:  Phillips Esq. replied 5 years ago.

 

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.

 

Customer: replied 5 years ago.
if the judge is not avabilable until sept and has already sign the order how could i stop thisknow if the irs is not going to work with us
Expert:  Phillips Esq. replied 5 years ago.

 

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.

 

 

Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 12923
Experience: B.A.; M.B.A.; J.D.
Phillips Esq. and 3 other Bankruptcy Law Specialists are ready to help you
Customer: replied 5 years ago.

i agree with you thank you

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