Category: Tax Issues

COVID-19 / Practice Tips / Section 341 Meetings / Tax Issues

Update on Zoom 341’s; Tax Returns Not Filed; Mortgage Forbearance Agreements in Chapter 13

This post provides an update on Zoom 341’s and the procedure for emailing Zoom info to debtors’ attorneys; describes a new process for submitting proof that debtors have filed all required tax returns; and gives a short mention of modifying the plan to deal with mortgage payments that are suspended under a forbearance agreement.

Practice Tips / Tax Issues

Deadlines for Filing Prepetition Tax Returns in Chapter 13 Cases

Frequently, debtors who seek bankruptcy relief under chapter 13 have not yet filed some of their tax returns with the IRS or state taxing authority. Section 1308 of the Bankruptcy Code gives chapter 13 debtors an opportunity to get those returns filed so they can deal with their tax debts in the chapter 13 case, but there are deadlines to be met and consequences for failure to comply. Until all tax returns for the previous four years are filed, the plan cannot be confirmed, and if the returns are not timely filed, the debtor’s case could be dismissed. [More]

Secured Claims / Tax Issues

Delinquent Property Tax Claims in Chapter 13 Cases

Property taxes on real estate in Kentucky constitute a statutory lien on the property. Under state law (KRS Chapter 134), the lien has priority over any other debt on the property. If the property were to be sold, property tax claimants are paid ahead of any mortgages or other liens. How should delinquent property tax claims be treated in a chapter 13 case? Practitioners first need to understand what happens to delinquent property taxes under state law.