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cortrightlaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 513
Experience:  Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
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I went to a lawyer to try and get help with my mortgage company

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I went to a lawyer to try and get help with my mortgage company and he advised me to go into chapter 13 bankruptcy. I tried Chapter 13 in 2009 and could not keep up the payments my lawyer switched me to chapter 7 in 2010 and cleared all my debts except taxes. My house was under water so they did not touch it.
Currently I have no real debt except taxes. The lawyer that advised me to do chapter 13 said that as part of the bankruptcy I could get rid of any taxes older than 3 years. And force the mortgage company to spread the escrow payments (back real estate taxes that they picked up) over 60 months.
Is he right that I can do chapter 13 only 3 years after chapter 7, and will it help with my taxes. I am an independent consultant and my income varies from very good to very bad will this affect my ability to be accepted by the court.
Any advice would be appreciated.

cortrightlaw : Yes the attorney is correct you can file a chapter 13 even after your recent chapter 7 discharge. You will have to pay back you past due mortgage payments and taxes in full over the the length of the chapter 13. And as you stated your income will be an issue as you will have to demonstrated with profit and Loss statements and bank accounts that you can afford to pay your regular monthly expenses in addition to the chapter 13 payment.

what about back taxes over 3 years old

cortrightlaw : You should not have taxes that old since you already ha a discharge within 3 years so they should have been discharged. If you do though hey have to be paid at 100 percent through your chapter 13 plan and can not be discharged due to the prior discharge.
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