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socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 38263
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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I was working with one of your online lawyers (JC )

Resolved Question:

I was working with one of your online lawyers (JC ???????????) when my Internet program froze and had to reboot my computer. Here I am again. He wasn't understanding of what I'had written, (in my opinion) it was $38 plus a $15 tip on the table which I did not yet approve because of this reboot so either he can take this as a clarification statement and he can start a fresh and answer the clarification or someone new can start but I don't consider his answers up till now anywhere near what I need to know,.....so here is the clarification:
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I will be filing for bankruptcy Chapter 7 state of California.
For years I've used my credit cards to pay all kinds of taxes on the Internet. I also made monthly payments (anywhere from minimum payments to payment in full ) to my credit cards for years. Below is a timeline to help explain the situation
July 1-credit card statement balance due $4000
July 10-paid $2000 federal taxes online using credit card. Standard practice for paying all my resale tax, state and federal tax debts. Easy convenient
July 25 paid $1000 to credit card
August 1-credit card statement balance due $5000
August 10-15 2 business occurrences that after 12 years of operating profitably make the business shutdown
August 20-first thoughts of filing Chapter 7 bankruptcy
August 31-meet with bankruptcy lawyer and decide to file Chapter 7 bankruptcy

the $4000 on July statements is all dischargeable debt. The July 10th $2000 is non-dischargeable tax debt.
As you can see by this timeline no credit card mis-usage was intended by using credit card July 10 $2000 tax payment because no bankruptcy was considered until August 20. If I had known that I was going to file for bankruptcy (which I didn't) I would've redirected from the July 25 payment of $1000 the credit card company to have paid $1000 on the Fed tax and made arrangements to pay the balance.
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Can I request/make-file a motion-pleading, whatever the terminology is, to the bankruptcy judge to apply the July 25 payment of $1000 specifically to the July 10 $2000 tax payment transaction leaving $1000 I will still owe on my federal taxe? which of course brings my credit card dischargeable balance from $5,000 to $6000
if not and that the nondischargeable debt is stays at $2000 which I will still have to pay off, is my payment of $2000 to the feds made by using the credit card still valid and that I owe nothing on my taxes. Otherwise it seems I'll be paying twice, $2000 on nondischargeable debt to the credit card company plus an additional $2000 to pay the now open balance on my federal taxes. Please educate me on this matter
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 5 years ago.
I have no idea who "JC" is, so I cannot direct your question to him/her. Please permit me to assist.

You cannot redirect payments via the bankruptcy court. The judge has no authority to change history. Your payments are whatever they are.

Believe me, I'm not trying to be harsh with you. But, by the court permitting you to adjust the payments, the court unlawfully discriminates in favor of one creditor (IRS) and against another (the credit card issuer). That flatly violates the most fundamental principal of the bankruptcy code: fairness to all parties.

Hope this helps.

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Customer: replied 5 years ago.
so is the payment of $2,ooo bv the credit card company to the IRS for payment of my fed taxes still considered paid?
Expert:  socrateaser replied 5 years ago.
Yes, it's paid.

I'm wondering why you think it's not paid -- feel free to clarify. Maybe I'm forgetting something important.
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