Can the state still put a tax lien after filing chapter 7?

I am going to continue making payments with the state but can they still put a tax lien on you after you have filed chapter 7? Also, who determines the payments after filing bankruptcy?

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Posted July 28th, 2010 in Bankruptcy Q And A. Tagged: , , .

4 comments:

  1. Max Hoopla:

    The state can’t file a notice of lien while you are under the protection of the bankruptcy court. If you are discharged and have a non dischargable tax debt (disregard previous posters, some taxes are discharged, some aren’t), the state can file a lien then. Payments are determined based on whatever criteria the state uses.

    July 28th, 2010 at 7:34 am
  2. Steve D:

    Chapter 7 – there are no payments. You liquidate all assets that are not exempt and the trustee parcels out whatever is raised. Under Chap. 13, you make payments as ordered by the court-appointed trustee (based on income, etc.). And yes, the state can still place a lien – tax debts (and a few others) are not discharged under bankruptcy and once discharged, remaining creditors may avail themselves of the full protection as provided under the law.

    July 28th, 2010 at 7:34 am
  3. RetiredDebtFree:

    Definitely. Taxes are not discharged in bankruptcy. It is always best to work with the State or IRS and work out a payment plan rather than have the Court do it for you.

    July 28th, 2010 at 7:34 am
  4. angels5262:

    Im in chapter 7 myself and i owe the irs a lot of money and since irs put a lien on my house for taxes that they got a judgment. my lawyer said it will be dismissed because the judgment was placed three years ago.
    so i do not have to make payments on it any longer.

    chapter 7 is for all bills owed medicals, taxes, medical, law suits from people that may had sued you for accidents.

    charter 13 is only to save your home, and chapter 11 is for if you own a business.

    talk to a lawyer whom specializes in bankruptcy cases to help you answer all your questions.

    there are a lot of programs that Obama has helped a lot of people, and im one of them. Good luck to you!

    July 28th, 2010 at 7:34 am

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