IRS withdraws claim 2 days before claim deadline?

twono · ‎09-05-2019

I put a call in to my attny but he hasn't got back to me yet concerning this, so i'll ask here.

The IRS was the lst claim to be filed against ny BK 7 which is set for DC in less than 3 wks.

2 days before the Claims deadline, the IRS and DISCO claims disappeared from my PACER acct. I'm not concerned about DISCO, but the assets i'm surrendering would be to pay owed taxes.

Tuesday i spoke with my attny about the State not filing a claim for a much lower tax debt and he was firing off a letter to them. He also told me that they (government/taxes) have 6 mos to file claims. Tuesday night is when i noticed the federal IRS claim was gone.

So, question is, why would the IRS withdraw their claim?....it is a bit on the large side at $30k.

despritfreya · ‎09-05-2019

I presume that by now you have spoken to your attny and you have the answer you seek. The point of fact is that the only one who knows why a particular claim was withdrawn (assuming it actually was withdrawn) is the creditor who filed the claim. Your attny can contact the creditor to inquire.

Please note that filed Proof of Claims do not simply disappear. If a creditor files a claim and then wants it withdrawn, the creditor files a Notice of Withdrawal of Claim. This document should appear on the regular court docket and there should be a notation on the Claims Register directly under the Proof of Claim number. A properly filed Proof of Claim will always be "visible" but there will be a notification that it was "withdrawn".

Des.

twono · ‎09-06-2019

@despritfreya wrote:
I presume that by now you have spoken to your attny and you have the answer you seek. The point of fact is that the only one who knows why a particular claim was withdrawn (assuming it actually was withdrawn) is the creditor who filed the claim. Your attny can contact the creditor to inquire.

Please note that filed Proof of Claims do not simply disappear. If a creditor files a claim and then wants it withdrawn, the creditor files a Notice of Withdrawal of Claim. This document should appear on the regular court docket and there should be a notation on the Claims Register directly under the Proof of Claim number. A properly filed Proof of Claim will always be "visible" but there will be a notification that it was "withdrawn".

Des.

Thanks for the insight......and as of this morning, 3 more claims are not showing up in my "Claims Register" on Pacer.

So that's 5 of 11 original claims are now gone. And there are no additional documents filed showing a 'Withdrawal' of claims.

Unfortunately, attny hasn't responded yet. Ill call today.

twono · ‎09-06-2019

My concerns solved.....Just looked again at my Claims Register....Somehow, the time period dates had changed on the register.

So i changed the time period to my date of filing BK to current date, and the other claims that i thought were gone, are still there.

Not sure why the dates/time period changed on the register. But appears to be all good.

despritfreya · ‎09-06-2019

@twono wrote:
My concerns solved..... appears to be all good.

Very glad it worked out. Now sit back and relax.

Des.