Legal Question in Bankruptcy in California

Chapter 13; how to stop IRS

Chapter 13 pending in California in the discharge segment. All procedures fulfilled and successful except IRS. IRS was overlooked in preparing papers by secretary, paralegal and attorney. I have been stonewalled in seeking advice from them on rights at this time. Can I still claim a portion of IRS debt invalid at this time? Can I negotiate with the IRS? Total exposure is $750.00, principle and approximately $650.00 interest and penalties. What can I do on my own other than sue attorney for breach of contract?

Thankyou


Asked on 1/16/05, 11:55 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Chapter 13; how to stop IRS

If you have an attorney, ask her how to amend. As long as your case remains open, you should be able to amend. On the grand scheme of things, it's not that much. It also depends on the tax years for which you incurred the taxes, whether you timely filed, when the amount of tax debt became settled, etc. You wouldn't sue the attorney for breach of contract but, perhaps, for professional negligence if you gave her the info but she left it off your schedules and plan. Additionally, since you signed the petition and certified that everything was true and correct, and additionally did so at your creditor's meeting, you ultimately are responsible for your filing so that likely would not be a winning lawsuit. Good luck to you.

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Answered on 1/17/05, 3:27 am


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