Fed. Tax Liens Discharged ch.7

[h2opuna]

I filed BK7 (8/03) & DISCHARGED all medical debts & 5-recorded Federal & State Income Tax Liens. I disputed w/ the big 3 because they were reporting this negative info. I sent a copy of DISCHARGE BK-7(8/03), SCH. F (w/ tax liens included),. Fed. & State Tax Lien Releases (9/03), and brought it to their attention that all tax liens were more than 10 yrs.from date filed. TU & EQ removed all disputed items (including all Tax Liens) w/3wks.

EX would not! They removed all medicial bills & collections & said that all Tax Liens would remain unchanged until 2010 (7 yrs. from BK 7 DISCHARGE date) and the STATUS: Fed. Tax Lien PAID. I paid 0 $’s & entered into no repayment agreements w/ the IRS. They were all Discharged in BK. I filed a complaint w/FCRA, & they told me that this was willfull noncompliance & gave me the tele. # of the American Bar Assoc. & said to be sure that I ask for attny fees. How can a CRA discriminate which items on a SCH F are discharged and remove from my CR. & which will remain. This seems like a violation of BK fed. Law!

PS. I’m totally & permanently Disabled from a military plane crash and live w/ my daughter w/ a moderate fix income w/ few assets. PLEASE HELP ! w/ advice or a name of an attny.

thank U

[momof5]

Your problem is that Tax liens are deleted 7 years from date of PAYMENT. Because they don't have a payment date, they use the release date.

[jkbowen1021]

I just have one question. How did you get Taxes Discharged in a bank???? They are non-dischargeable debts in a BK7.

[FICOrebound]

Yes please confirm this can be done too.

[h2opuna]

Your problem is that Tax liens are deleted 7 years from date of PAYMENT. Because they don't have a payment date, they use the release date.

Will bankruptcy remove a lien?

Under some circumstances once the bankruptcy proceedings have started, special motion can be filed to remove certain liens. It will take a bankruptcy court order to remove them. This is a complicated area of the bankruptcy law and an attorney should be consulted. However, here are the guidelines for removing tax liens:

You can discharge (wipe out) debts for federal income taxes in Chapter 7 bankruptcy only if all of these five conditions are true:

1. The IRS has not recorded a tax lien against your property. (If all other conditions are met, the taxes may be discharged, but even after your bankruptcy, the lien remains against all property you own, effectively giving the IRS a way to collect.)

2. You didn't file a fraudulent return or try to evade paying taxes.

3. The liability is for a tax return (not a Substitute or Return) actually filed at least two years before you file for bankruptcy.

4. The tax return was due at least three years ago.

5. The taxes were assessed (you received a notice of assessment of federal taxes from the IRS) at least 240 days (eight months) before you file for bankruptcy

[h2opuna]

I just have one question. How did you get Taxes Discharged in a bank???? They are non-dischargeable debts in a BK7.

22. Will bankruptcy remove a lien?

Under some circumstances once the bankruptcy proceedings have started, special motion can be filed to remove certain liens. It will take a bankruptcy court order to remove them. This is a complicated area of the bankruptcy law and an attorney should be consulted. However, here are the guidelines for removing tax liens:

You can discharge (wipe out) debts for federal income taxes in Chapter 7 bankruptcy only if all of these five conditions are true:

1. The IRS has not recorded a tax lien against your property. (If all other conditions are met, the taxes may be discharged, but even after your bankruptcy, the lien remains against all property you own, effectively giving the IRS a way to collect.)

2. You didn't file a fraudulent return or try to evade paying taxes.

3. The liability is for a tax return (not a Substitute or Return) actually filed at least two years before you file for bankruptcy.

4. The tax return was due at least three years ago.

5. The taxes were assessed (you received a notice of assessment of federal taxes from the IRS) at least 240 days (eight months) before you file for bankruptcy

[h2opuna]

Yes please confirm this can be done too.

22. Will bankruptcy remove a lien?

Under some circumstances once the bankruptcy proceedings have started, special motion can be filed to remove certain liens. It will take a bankruptcy court order to remove them. This is a complicated area of the bankruptcy law and an attorney should be consulted. However, here are the guidelines for removing tax liens:

You can discharge (wipe out) debts for federal income taxes in Chapter 7 bankruptcy only if all of these five conditions are true:

1. The IRS has not recorded a tax lien against your property. (If all other conditions are met, the taxes may be discharged, but even after your bankruptcy, the lien remains against all property you own, effectively giving the IRS a way to collect.)

2. You didn't file a fraudulent return or try to evade paying taxes.

3. The liability is for a tax return (not a Substitute or Return) actually filed at least two years before you file for bankruptcy.

4. The tax return was due at least three years ago.

5. The taxes were assessed (you received a notice of assessment of federal taxes from the IRS) at least 240 days (eight months) before you file for bankruptcy

[merkurfan]

22. Will bankruptcy remove a lien?

Under some circumstances once the bankruptcy proceedings have started, special motion can be filed to remove certain liens. It will take a bankruptcy court order to remove them. This is a complicated area of the bankruptcy law and an attorney should be consulted. However, here are the guidelines for removing tax liens:

You can discharge (wipe out) debts for federal income taxes in Chapter 7 bankruptcy only if all of these five conditions are true:

1. The IRS has not recorded a tax lien against your property. (If all other conditions are met, the taxes may be discharged, but even after your bankruptcy, the lien remains against all property you own, effectively giving the IRS a way to collect.)

2. You didn't file a fraudulent return or try to evade paying taxes.

3. The liability is for a tax return (not a Substitute or Return) actually filed at least two years before you file for bankruptcy.

4. The tax return was due at least three years ago.

5. The taxes were assessed (you received a notice of assessment of federal taxes from the IRS) at least 240 days (eight months) before you file for bankruptcy

Does this apply to state tax liens? If it does, I might well do a BK7.

[h2opuna]

Yes, but remember State or Fed. tax liens must be over 3 yrs. & you have to file your tax returns on time .

[merkurfan]

it's 6 years old, all returns are in. however, only the last 2 years where on time.