I have a tax levy ?
5 attorney answers
There are so many facts that are missing here, that, like Ms. Bunce, I don't know where to begin.
If you want help, give us something to work with. Are you in bankruptcy still? Did your payment plan propose payment of the tax year they are attempting to levy you for? Is the tax year you are being levied for a year after the filing year?
In any event, if you're in chapter 13, you have an attorney. And, if you don't, you need one.
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So what you are saying isn't exactly adding up. I am guessing you aren't telling the volunteer lawyers trying to help you the whole story. If you filed Chapter 13 two years ago, you are either still IN Chapter 13 (and are fully protected by the bankruptcy stay) or your case was DISMISSED (and you have no protection relating to the bankruptcy). So what is it - A or B? Give the volunteer lawyers the whole story and maybe we can offer you a solution. I am not in the habit of guessing what the truth is. Hope this perspective helps!
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If you have an attorney, ask him about it. If the tax is for a tax year after you filed, you may not be able to include it in the case. Another option is to propose a payment plan (if this is for federal taxes) with the IRS.
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If your chapter 13 is still open, then you might be able to gain in the cooperation of the taxing authority to file a proof of claim in your case. Alternatively, you could consult with a bankruptcy attorney regarding the pros and cons or a motion to suspend plan payments so that you can pay the post petition tax debt versus dismissing your case and starting a subsequent chapter 13 case. There are many facts that must be evaluated in an analysis of this type including why you incurred post petition taxes and the risk of not being able to continue the automatic stay in the subsequent case.