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Elizabeth Prentice
Elizabeth Prentice, Attorney
Category: Bankruptcy Law
Satisfied Customers: 174
Experience:  Managing Attorney for one of the largest consumer bankruptcy firms in America.
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I am in a chapter 13 bk which is coming up for a dismissal

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I am in a chapter 13 bk which is coming up for a dismissal hearing cause I can't make the trustee payment based on the filing. originally, I had about 110k in IRS this number has been adjusted down to 57k ( I have the official print out from IRS verifying this ) for some unknown reason the IRS has not gotten this info over to the insolvency part of the IRS ( after months ) who will then adjust the IRS's proof of claim and make my trustee payment an amount I can pay. My attorney says there is nothing we can do unless IRS revises- Can we file a motion or ask the judge to order the IRS to adjust their claim based on their own information? do I dismiss and re-file? what are my options?
I am a Nevada bankruptcy attorney and I would be happy to assist you.
Your attorney is correct in that there is nothing anyone can truly do until the IRS revises the claim. However, you need to make the trustee payment to prevent the dismissal. Both Chapter 13 trustees and their assistants are very nice and will usually continue the hearing on the matter at least once if you explain the predicament. Have your attorney explain the issue to the trustee and have your attorney send the trustee the IRS print out. Your attorney can call the IRS and ask they revise their claim. Try and pay something at least, to get the trustee to continue the motion to dismiss. If you make some sort of payment they typically won't dismiss. See if your attorney can file a revised plan right now with this new monthly payment figured in. The trustee won't approve the plan until the IRS revises their claim, but it may buy you time.

I hope my answer has assisted you and that you will leave me a positive rating! Please feel free to request me by name, should you have any questions in the future.
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Customer: replied 4 years ago.

Thank you so much for the timely response, so to be clear the judge cannot order the IRS to revise?