QUESTION

I owe back taxes and they are threating wage garnisment

Asked on Nov 26th, 2013 on Bankruptcy - South Carolina
More details to this question:
I have a chap 13 cased dismissed because I could not continue to pay the amount ordered. I have medical needs and other expenses that occured during the chap. 13 period. Back taxes were a part of the case also.
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1 ANSWER

Bankruptcy Attorney serving Burbank, CA
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You didn't ask any questions, so I'm not sure how to address your situation.  You can always modify a Chapter 13 plan if your budget changes during the case. If the taxes were priority taxes pursuant to 11 U.S.C. 507, then they need to be paid in full during the course of your plan, but otherwise your budget can be altered to reduce or increase the percentage being paid to general unsecured creditors as long as they are receiving more than they would receive in a Chapter 7case. If the court did not put a restriction on you filing another case, you may want to consider filing another Chapter 13 now.  However, be sure your attorney files a Motion to extend the automatic stay and have that motion heard within the first 30 days of your new case.  Otherwise, you may not have any protection from your creditors after that point. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.    
Answered on Nov 26th, 2013 at 6:59 PM

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