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Personal Property Tax
The Board of Equalization lien would attach to all of the debtor's assets. lf to the business assets only.
- John D. Faucher
818/889-8080
________________________________
To: cdcbaa@yahoogroups.com
Sent: Wednesday, May 14, 2014 3:41 PM
Subject: [cdcbaa] Personal Property Tax
Chapter 13 Debtor owned a small business as a dba a few years prior to filing. Board of Equalization files a secured claim in the 13 for unpaid personal property taxes. The taxes were all due without penalty over one year prior to the filing of the bankruptcy, so I assume that they are not priority under 507(a)(8)(B). However, BofE had previously filed tax liens for each of the tax years clearly stating they were assessed against "Debtor dba Business Name" and sent to the business location. The restaurant has been closed for over a year and there are no assetsleft for the tax liens to attach to (at least not in the debtor's possession). So my question for you tax buffs: do the tax liens attach to the rest of Debtor's assets - since he was operating as a sole proprietor? Or did they only attach to the business assets. If just the business assets -do I filea Motion to Value or an Objection to Claim? I have my own ideas, but I am curious to see what
some of our scholars think!
The post was migrated from Yahoo.