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Motion To Modify Chapter 13 Plan Post-Confirmation Due To Tax Debts

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YOUR ORIGINAL QUESTION: I filed for a Chapter 13 almost three years ago. I found out that the original lawyer, who has disappeared from the firm she worked with, didn't file the correct IRS amounts ( my IRS/NYS taxes are approx. $16,000 less than she filed). I now cannot get any response from the original law firm. I am hopeful I can file a motion to amend, but i really do not have money to throw at this and my payments are scheduled to increase in Jan 2011. Do I have any recourse?

OUR RESPONSE: First, I'd look at the IRS Proof of Claim to be see the amount claimed. So long as the taxing authorities got notice of the Chapter 13 they would have filed claims for all amounts due - not merely what was listed on Schedule E. Second, I'd consider filing a motion to modify the Plan. If your lawyer is non-responsive then the judge will likely take that under consideration when you make your motion.