QUESTION
Do I have to modify if my attorney told that she misstated the taxes in the chapter 13?
Asked on Aug 13th, 2016 on Bankruptcy - Wisconsin
More details to this question:
She said she needs to modify it however, we already been paying a whole year and the confirmation to the plan showed the correct amount. In her modification amendment she put we made the mistake.
3 ANSWERS
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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If the plan which was confirmed was based on correct income and expense numbers, I don't understand why you would need to modify. In any case, income taxes are an estimate (most people either get a refund or owe something when they file). It sounds like your attorney hasn't been able to clearly explain what is going on here. DO NOT CONSENT TO ANY MODIFICATION, UNTIL YOU UNDERSTAND THE REASON FOR THE MODIFICATION, including the numbers.
Answered on Sep 08th, 2016 at 6:15 PM
If a mistake was made in your bankruptcy paperwork, which you signed under penalty of perjury, I do not understand why you would not want to correct this mistake in order to avoid facing the serious criminal charge of perjury.
Answered on Sep 08th, 2016 at 12:26 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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First things first: reaching an experienced bankruptcy lawyer it's almost always worth the investment. Secondly if the plan shows the correct amount to be paid to that creditor, then it is unlikely that you would need to modify or amend it. Consult your lawyer frankly and candidly. Good Luck.
Answered on Sep 08th, 2016 at 7:05 AM