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I recently filed a chapter 13 bankruptcy I am 10 mos into the

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plan the state of texas...
I recently filed a chapter 13 bankruptcy I am 10 mos into the plan the state of texas sent a me a letter that they want over$100k forback sales tax from 1988 ona closed business I was told to sign a what they called an agrred upon judgement in 1998 or go to jail because I could not pay the amt they said I owed at the time over $17k after all the penalties and interest if I do not pay it I bk will be dismissed and I stand to loose my home and car I am 62 yrs old will be 67 when my bk plan is done I had no idea this wasstill in play I thought the judgement time was over I have never heard from the state but my soc sec number in the bk triggered my name to appear with the state iam devasted and don't know what to do
Submitted: 2 years ago.Category: Bankruptcy Law
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Customer reply replied 2 years ago
are you going to reply
Answered in 1 hour by:
5/8/2015
Bankruptcy Lawyer: Angie2613,
 replied 2 years ago
Angie2613
Category: Bankruptcy Law
Satisfied Customers: 226
Verified
Hi, I'm sorry it took so long for someone to reply to your question. I'm sorry you are going through this, I know it must have you worried sick.The back taxes that you owe, on the closed business, is this for sales tax returns that you filed but were unable to pay?The reason for this question is that Texas has a four year statute of limitations on the collection of past due taxes. However, there is no statute of limitations if you failed to file the sales tax return. You can read the information about the statute of limitations here: http://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=34&pt=1&ch=3&rl=339 As for the bankruptcy, I am not an attorney. But I believe it is possible to amend your bankruptcy forms. You will need to contact the attorney who handled your bankruptcy to do this. I cannot advise as to the legal side of this matter, but I did find this information that may help you.http://www.nolo.com/legal-encyclopedia/amend-update-change-bankruptcy-forms.html I would recommend you contact the attorney and ask about amending your bankruptcy forms to add this debt. From the information I have read, you can amend your bankruptcy forms any time before the bankruptcy has been discharged. I hope this helps with your problem.
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Customer reply replied 2 years ago
in 1988 we started sending our cpa to Austin re the sales tax potential liability3 judges viewed the case regarding whether or not there was a taxable event as we did exploration and not resell to public my husband at the time suffered several heart attach and we closed the business in 1998 I was told they were coming to pick me up and take me to jail if I did not pay full amt or make a huge monthly payment schedule of about 1800 a mo or pay new amt of approx. 35k with penalties and interest it was never concluded that tax was really owed my only option was to sign an agreed upon judgement not to go to jail this was done in 1998 17 yrs ago I never heard from them again until my bankruptcy attorney said they notified her about this now they want over 100k my income will not allow the chpt 13 plan to handle this amount my attorney is aware of all of this I met with her today what is the statue of limitations on an agreed upon judgement
Customer reply replied 2 years ago
we did file sales tax return and did pay sales tax this amt was in question as to whether or it would be subject to sales tax we never got a ruling and no longer afford to send representation to continue the debate
Bankruptcy Lawyer: Angie2613,
 replied 2 years ago
According to this information, the statute of limitations on judgements is 10 years. http://research.lawyers.com/texas/texas-statutes-of-limitations.html This information states that the statute of limitation is 10 years but there is a rule that says a new writ can be issued before the ten years expires, which extends it 10 more years. As I said, I am not an attorney, and cannot give legal advice... but I don't know what would be required to a new writ to have been issued. Maybe it would be possible to change your chapter 13 bankruptcy to a chapter 7, include this debt and reaffirm with your mortgage and car. I would ask my attorney if this is possible.
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Customer reply replied 2 years ago
well... ok then... thanks anyway this doesn't really help me
Bankruptcy Lawyer: Angie2613,
 replied 2 years ago
I'm very sorry, I can send this question to customer service and request that they change it from the tax forum to the legal forum if you like.
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Customer reply replied 2 years ago
I was never notified that the new writ was issued and it has been 17 years since I signed the agreed upon judgement please have it changed to the legal forum maybe they now more about it I need help with this because the mortgage company does not want to work with me on the past due amt
Bankruptcy Lawyer: Angie2613,
 replied 2 years ago
I have sent a request to customer service, and I will opt out. I hope this gets worked out for you. Have a great night.
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Customer reply replied 2 years ago
I never heard from anyone after you referred me to customer service
Customer reply replied 2 years ago
I have not heard from anyone else regarding my problem you were turning my question to customer service
Customer reply replied 2 years ago
i was charged $32.00 for what
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Category: Bankruptcy Law
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