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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2820
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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Its ***** *****. I am helping with my girlfriend's pro se

Customer Question

Customer: Its ***** *****. I am helping with my girlfriend's pro se case. She has not filed her income taxes for years and owes back taxes. She filed a chapter 13 including hoa and mort. arrears. She also filed missing returns from 2009-14 and is due a refund on the refund on the last three. If she is 100 % plan payback can the IRS still offset those returns?
JA: Thanks. Can you give me any more details about your issue?
Customer: She still hasnt filed her 2003,4,5 and 6 returns. She didnt really have a feasible plan until the IRS amended the claim but her disposable income is enough to make a feasible and confirm-able plan. She still needs representation because although we can do the the numbers the complexity of it isnt worth mistakes.
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Submitted: 10 months ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 10 months ago.

Hi there. The IRS can offset any tax refund for a tax return due prior to the bankruptcy filing, with a refund from a tax year prior to filing, even with a 100% plan. The IRS will adjust their claim once this occurs. It's allowed under 11 USC 362(b)(26) https://www.law.cornell.edu/uscode/text/11/362. This will shorten up her case though, so that's always a good thing. What other questions do you have?

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