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Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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I filed bankruptcy back on september 26th 2006. I am making

Customer Question

I filed bankruptcy back on september 26th 2006. I am making payments to the irs. I have not filed 2006 yet. I received an email from the insolvency unit agent. Bankruptcy court already did the final decree. The irs agent gave me until december 20 2009 to file, otherwise she will ask the bankruptcy court to dismiss my case. What can I do? I don't want to loose the only house I am living in. I was not living here when I first filed bankruptcy.
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 7 years ago.
Hello,

Thank you for your question.

Did you file a chapter 7 or chapter 13 bankruptcy?
Customer: replied 7 years ago.
We filed chapter eleven. I had a few rental properties.
Expert:  Ellen replied 7 years ago.
did you receive a discharge
Customer: replied 7 years ago.
No. just a final decree.
Customer: replied 7 years ago.
I will have to wait five years for discharge
Expert:  Ellen replied 7 years ago.
I seem to be missing something. Your first post said that you lost everything and had received the final decree. are you possibly still paying on your chapter 11 but have lost the properties in question?
Customer: replied 7 years ago.
Yes. I am paying the irs. The only property I kept was my house in Puerto Rico. I am paying the mortgage. All properties in Connecticut are no longer in my possession. I don't want to loose this house. Although the attny that handled my bankruptcy told there was not much the irs can do. We paid over $30,000.00 in all this process just to the law firm.
Customer: replied 7 years ago.
What can I do to keep my house
Expert:  Ellen replied 7 years ago.
Consider dismissing a chapter 11 bankruptcy or converting it to a chapter 13. You can include the house and the IRS in a chapter 13
Ellen and other Bankruptcy Law Specialists are ready to help you
Customer: replied 7 years ago.

Can the irs dismiss my case.

 

Expert:  Ellen replied 7 years ago.
The IRS cannot dismiss a case. however they can file a motion with the court asking the court to dismiss the case based upon a bad faith filing or fraud. Your post does not indicate that either situation exists
Customer: replied 7 years ago.
I filed bankruptcy back on september 26th 2006. I have not file 2006 yet, the irs insolvency unit gave until december 20th to file. I have a payment plan for prior filing. Can the court side with the irs and not give a chance.
Expert:  Ellen replied 7 years ago.
the court can rule in favor of the IRS however it is more likely that the court would give you an extension of time to file if that were the case