Legal Question in Bankruptcy in Virginia

What does Motion and Memorandum To Compel Filing of Tax Returns mean?

I filed a chapter 13 for my small business as well as myself personally. It has not yet been confirmed. I go to court about it in front of a judge on Oct. 10th. I already went to the 341 hearing but had paperwork to be completed so it was not finalized. I filed all of my 941's but the Motion for Memorandum states that I did not file the quarterly taxes for period ending in March of this year. Yes I did. I have a copy of it. But I did not pay it as I did not have the money. They sent this meorandum out after I had already sent a copy of it to the IRS representative in my area so I don't understand what this is. I'm going back to court because I also got a show cause for the first payment that was not made yet, that I did not know that I had to make it as the trustee at the 341 hearing never specified as to what my payments were and when I would start them.


Asked on 9/20/05, 12:41 pm

2 Answers from Attorneys
Richard S. Stolker Uptown Law, LLC

Re: What does Motion and Memorandum To Compel Filing of Tax Returns mean?

Obviously I do not know the specifics of your case, but it does seem that the Court is not going to confirm your Chapter 13 Plan if, after filing bankruptcy and holding all other creditors at bay, you still are not able to maintain current tax payments. It is very important that you speak with your bankruptcy attorney about this, since your Chapter 13 case eventually will be dismissed if you do not meet the requirements and have your Plan confirmed.

You are welcome to contact me if you have any questions. I am a bankruptcy practitioner in the U.S. Bankruptcy Court in Alexandria.

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Answered on 9/21/05, 8:41 am
Daniel Press Chung & Press, P.C.

Re: What does Motion and Memorandum To Compel Filing of Tax Returns mean?

You need to have your lawyer talk to the IRS lawyer, see what is needed, and provide it to them. Your lawyer should be advising you on this.

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Answered on 9/20/05, 12:52 pm


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