Can my plan be modified/adjusted to include taxes that weren't paid in the plan? If not, what are my options? 10 Answers as of February 25, 2014

My chapter 13 bankruptcy is in the process of being discharged (i.e., I am no longer paying into the plan and awaiting discharge papers from the Trustee) and I have just received notice from the State, stating that I still owe for back taxes (1996 -2004), taxes that were supposedly included in the bankruptcy plan.

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A Fresh Start
A Fresh Start | Dorothy G Bunce
My suggestion is to obtain a copy of the trustee accounting on your case as well as looking at the proof of claim that the tax authorities filed. It is unfortunate that you discovered this at the end of your plan rather than earlier on when you could have rolled with this punch.
Answer Applies to: Nevada
Replied: 2/25/2014
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Humm.... look on your matrix, was the state notified of the bk? Because if they are income taxes, they are dischargeable. You need to see a competent bankruptcy lawyer. The notice could violate the automatic stay, and if no claim was filed on time - they can not collect now.
Answer Applies to: California
Replied: 2/25/2014
Law Offices of Daniel J Winter
Law Offices of Daniel J Winter | Daniel J Winter
You should review this with your lawyer; It does not sound like the taxes were paid in your plan, and, if taxes were from after you filed your case, they aren't automatically paid. If your plan is about to be discharged, you might want to discuss filing a new Chapter 13 with that attorney or a new one, to pay those debts.
Answer Applies to: Illinois
Replied: 2/25/2014
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
If it has not been discharged yet then you would have to modify your plan quickly or convert your chapter 13 to a chapter 7 which will wipe out those tax years if they were filed on time.
Answer Applies to: New York
Replied: 2/25/2014
Stuart P Gelberg
Stuart P Gelberg | Stuart P Gelberg
Those taxes should be discharged in a chapter 13 even if unpaid. Bkry taxation issues are a subspecialty. You need a highly qualified atty to determine whether they meet all the requirements for discharge. I can provide such an analysis with a copy of your tax transcripts for each year.
Answer Applies to: New York
Replied: 2/25/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    It depends on how long you have been in the 13. If you have been in five years, you have met your limit and you must be discharged. If not, you can amend your plan to include the taxes as long as they can be paid within the 5 year time frame. However, you may first want to do a tax analysis to determine if the taxes are dischargeable.
    Answer Applies to: Nevada
    Replied: 2/21/2014
    Stephens Gourley & Bywater | David A. Stephens
    If there is time you can modify the plan. You should check the plan to see if they were included and paid.
    Answer Applies to: Nevada
    Replied: 2/21/2014
    Law Office of Marlin Branstetter
    Law Office of Marlin Branstetter | Marlin Branstetter
    You should contact your attorney and the Chapter 13 trustee to find out why the taxes were not paid through the plan. Also contact the Franchise tax Board to see if they filed a claim. Generally the plan cannot be modified if it has been completed and the length of the plan cannot exceed 60 months
    Answer Applies to: California
    Replied: 2/21/2014
    Polsinelli Shughart PC | William B. Prugh
    This is more properly a question for the bankruptcy attorney handling the Chap 13 matter. Back taxes are not always subject to a plan but in some cases may be. That attorney should know the answer.
    Answer Applies to: Missouri
    Replied: 2/21/2014
    Law Offices of Patrick Edaburn | Patrick Edaburn
    In general taxes are not discharged in a bankruptcy, though given the age some of them might be. Assuming they were listed on the creditors schedules you should talk to your bankruptcy attorney
    Answer Applies to: California
    Replied: 2/21/2014
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