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Questions related to Deficiency Notices by Meghan Jones





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Questions related to Deficiency Notices by
Article Posted: 03/20/2013
Article Views: 99
Articles Written: 575
Word Count: 609
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Questions related to Deficiency Notices


 
Law
A person receives a deficiency notice from the court, when he / she fails to file documents that are required by the court. A court also issues a deficiency notice to a person if documents filed are not acceptable to the court. Once you receive the deficiency notice, you need to look for the information in the deficiency notice and file a proper response in within a time frame. This apart, a deficiency notice is also a letter from Internal Revenue Service (IRS) that advises a tax payer about delinquent taxes owed along with any penalties and interest. In this case, this is also called a 90 days letter as it gives the tax payer a time limit of 90 days to dispute the tax assessment. The article answers to some of the frequently asked questions on deficiency notices.

What does it mean if a person receives a deficiency notice from the court in Utah after he / she files bankruptcy under chapter 7?

If a person receives a deficiency notice from the court in Utah after filing bankruptcy under chapter 7, it means that court is asking him / her for some necessary documents that are not submitted / not completed or completed in correctly. The person should file the missing or correct documents asked by the court as soon as possible.

What needs to be done to provide certificate of service if a person files bankruptcy under chapter 7?
The form or certificate of service needs to be obtained from a lawyer or paralegal. It includes the address and numbers of all the creditors and the person and their trustee has certified that they have mailed the amended assets to everyone that is found on that list.

How to get a bankruptcy reinstated as after it was dismissed and the court never sent a deficiency notice of any missing document?
In most of the cases, to go forward with reinstating the bankruptcy, the person needs to file the missing paperwork, file for a vacancy of dismissal, and then pay the reinstatement fee. This apart, the person would also need to send a notice of the motion and copies of the paperwork to the trustees and the creditors. If this does not help, then the person needs to re-file the whole case again. Check with the court clerk or ask a bankruptcy lawyer to help you in this.

Can a person include a federal tax debt from the year 2007 and 2008 while filing bankruptcy if he / she receives a deficiency notice and can he / she appeal in the tax court?
Since the notice is issued by the IRS and the case is pending in the tax court, it might not be possible to include the tax debts from 2007 and 2008 while filing bankruptcy. This could have been possible under some circumstances including: if the tax return of the person was not fraudulent and it was filed in a timely manner. Also it could have been possible if the tax return was filed at least two years prior to filing bankruptcy or the tax debt is not the priority claim of the bankruptcy.

Deficiency notices are issued by the court or IRS to inform a person that they need to file some necessary documents or that they have filed some incorrect documents which need to be rectified as soon as possible under a limited time frame. When a person receives a deficiency notice, it can lead to several questions which need to be clarified. It is always better to ask a bankruptcy lawyer to help you in such cases.

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