Carolyn and others...

iVillage Member
Registered: 04-08-2003
Carolyn and others...
7
Wed, 02-04-2009 - 3:21pm

An old accountant that used to do the taxes for my husbands old business notified us about six weeks ago that his former company owed him $3200. This was for the final taxes that he completed for my husbands corporation. The debt is well over a year old and we were never made aware of it. The accountant said that he had been sending the bill to my husbands former partner who in turn told him that my husband would be covering the bill since they were involved in litigation and my husband would be paying up shortly. It never ceases to amaze me what a schmuck this guy really is. Long story, short...we weren't aware of it. Otherwise we would've included it in our bankruptcy. Now the accountant sent a nice little letter to each partner stating that he understood the situation and felt that the "right" thing to do would be for each partner to pay half. We don't have that kind of money...and I don't really feel we should pay it. We paid all the companies expenses for the last two years trying to keep our credit clean and that's what lead to this bankruptcy. Can and will this guy sue us? The company was an s-corporation. Doesn't that somehow protect us?

Thanks...samey

it never seems to end...

iVillage Member
Registered: 03-17-2003
Wed, 02-04-2009 - 4:36pm
Samey, go ahead and check with your bankruptcy attorney but I'm certain your discharge is global: all encompassing.
iVillage Member
Registered: 04-08-2003
Wed, 02-04-2009 - 4:52pm
The lawyer said that this was a "wait and see type thing". He said he would send him a letter...but it wasn't listed/discharged specifically by the bankruptcy. The accountant has his law degree as well...so I'm a bit nervous. The reality is...if we declared bankruptcy isn't it obvious that we don't have the money? Does the fact that I paid off the trustee last week make any difference. I figured we can have the attorney send the letter and wait and see. If he proceeds to get a judgement, I'll just work out a payment plan. Otherwise...I have other people more deserving (family) who should see my extra money first.
iVillage Member
Registered: 03-17-2003
Wed, 02-04-2009 - 4:56pm
I can't remember when you were discharged, but you could always reopen your BK to include this debt and wipe it out that way.
iVillage Member
Registered: 04-08-2003
Wed, 02-04-2009 - 5:45pm

We did a Ch. 13 back in June and I paid it off last week, so I don't think we have been discharged yet.

The lawyer didn't mention the option of including it. He said to mail a letter and wait and see. I can't tell if he's inept or not really concerned. He seems to be much calmer about things than I am...but that isn't saying much. He said that he wouldn't worry about paying off the bankruptcy because of it. Will he stop advising me on these things now that it is paid off? I just wanted to start our life again. I've never been here before and don't want to again.

On another note...when should I pull our credit report and start looking it over? Our house, which was included in the bankruptcy, hasn't even been foreclosed yet...its just sitting there.

iVillage Member
Registered: 03-17-2003
Wed, 02-04-2009 - 6:35pm
Well, since you aren't discharged you could petition the court without incurring extra court fees.
iVillage Member
Registered: 04-08-2003
Wed, 02-04-2009 - 6:59pm

Thank you so much Carolyn. I sent a note to the attorney requesting this. I'll let you know how this goes.

samey




Edited 2/4/2009 7:15 pm ET by supersamey
iVillage Member
Registered: 03-17-2003
Wed, 02-04-2009 - 7:03pm
Chin up.