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Forum Name: - Mortgages
Topic Title: 1099C and Bankrupcty Errors
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Anne wrote:
Drew,
I'm hoping you will see this ... I don't know where your expertise lies, but I'm hoping you have some advice. I heard from my attorney today, and Household will not admit the discharge to the IRS, or the CRA's. They said "not without litigation". I don't know if this law firm will do this on contingency ... my attorney said that I am probably going to have to sue. I am so disgusted, and scared. Any advice would help.
Anne
I'm hoping you will see this ... I don't know where your expertise lies, but I'm hoping you have some advice. I heard from my attorney today, and Household will not admit the discharge to the IRS, or the CRA's. They said "not without litigation". I don't know if this law firm will do this on contingency ... my attorney said that I am probably going to have to sue. I am so disgusted, and scared. Any advice would help.
Anne
Annie, talk to a good tax preparer or a an attorney familiar with tax law. You may even get the answer from the IRS hotline, or go to an IRS office. I would ask, if you can file your taxes and NOT report the $68,000 write off and include the information from your bankruptcy. That way, the IRS would do the research and litigation for you against HSBC/Household. You hold the proof that the debt was discharged due to bankruptcy, try and get Household/HSBC to explain their position and lack of respect for the current bankruptcy protection laws to the federal government.
I suspect that would open another can of Household HSBC worms, that they would rather leave unopened. It seems that as more of it comes to light to the Federal level, the more the IRS will look at Household HSBC. Open them to the scrutiny they deserve, if you can do so.
Best wishes,
Drew
Thank you so much Drew. My attorney is trying to get Household to issue me a corrected 1099c, and is threatening filing a complaint with the court for violation of the discharge order. I don't know if it will work, but I hope so. My attorney is great ... aggressive, and brilliant.
That Sears settlement is amazing. I suppose the law does help if people fight for their rights hard enough. I would venture to say that Household violates discharge orders all the time. They have, in no way, abided by the bankruptcy laws in my case. I think it is just standard procedure with them. If they don't fix my situation, I will be formally complaining to every single foundation, government group etc. that I can. I also plan on taking this as far as possible if they don't accurately report to the IRS and credit bureaus. If it has to be a class action suit, so be it. I have HAD ENOUGH of these crooks. Why they believe they are above the law I will never understand, but if we don't fight these things, they will always get away with it. Anne
Anne wrote:
If they don't fix my situation, I will be formally complaining to every single foundation, government group etc. that I can. I also plan on taking this as far as possible if they don't accurately report to the IRS and credit bureaus.
My recommendation is that you protect others by filing complaints with regulators now. Perhaps your attorney can draft a few short paragraphs for you to help you. Are you saying you will remain silent if they fix your issues? What good does that do? The world needs to know. Perhaps your attorney advised against doing anything now, and if so I am sorry for taking this position. I just think all the regulatory agencies, Aldinger, and John Bond need to be aware of what is happening.
Annie, Please share your situation about your case with the Attorney in Nashville, Tenn---Mr. Kline Preston. He is suing Household/Beneficial on RICO charges. I'm going to tell him about the situation we had with Beneficial Finance Company. We had a problem in 2003 with a Household International about an reaffirmation agreement. We do not have a reaffirmation agreement with them. Our lawyer said Household/Beneficial can't bother us about anything. He told me if we had any problems to let him know.
Peaches ... I will look him up. Let me talk to my attorney about it first. She is really helpful and I certainly do not want to step on her toes.
Lindsey ... You are correct, my attorney advised me to wait on filing formal complaints because we may need the threats of doing just that for leverage. Believe me, I would love to be on the news blasting them, and complaining anywhere I can to spare other people the heartache I've been through. But you have to understand that I have three children depending on my financial stability, and I am not about to jeopardize my position. From what my attorney tells me, I have to take this step by step, and very carefully. I understand why you jumped to conclusions on me ... but my intentions are good. Anne

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