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Tax Lien Question
Does the motion to vacate dismissal seek a nunc pro tunc order reinstating the former case and the automatic stay, etc.,
Even if not so crafty, once your discharge is entered (and the applicable tax is discharged), I think you have a good position that the lien is extinguished based on the discharge
Some governmental counsel are quick and responsive and reasonable so a call to confirm may be appropriate. At $5,000 worth of security - I hope you are referring to personal property and NOT equity in a home which may ultimately appreciate. If the former, probably not worth fighting so hard about it but if real estate, then get some clarification from court or stipulation while fresh. Good luck. Happy holidays!
Very truly yours,
Shai Oved
The Law Offices of Shai Oved
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Canoga Park, California 91303
Tel:(818) 992-6588
Fax:(818) 992-6511
Email:ssoesq@aol.com
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In a message dated 12/21/2017 5:15:18 PM Pacific Standard Time, cdcbaa@yahoogroups.com writes:
Group:
I have a Ch 13 client. Their case was ACCIDENTALLY dismissed (not our fault) after 59 months. We have filed a motion to reopen and I expect it will be granted without objection shortly after New Years.Unfortunately, after the case was originally dismissed, the FTB recorded a tax lien for $30,000 to secure what are otherwise dischargeable taxes, i.e. old income taxes. I dont have any questions about whether the taxes are dischargeable so no need to address that issue.
For sake of this conversation, please assume Debtor has $5,000 in total assets which would be subject to the tax lien, so the tax lien is under-secured.
Question: If the case is reopened, what is the impact of the newly recorded tax lien?
David A. Tilem
Certified Bankruptcy Specialist Since 1997
Law Offices of David A. Tilem (03025)
206 N. Jackson St., #201
Glendale, CA 91206
Tel: 818-507-6000 * Fax: 818-507-6800
Toll Free: 888-BK PRO 4U (888-257-7648)
www.TilemLaw.com
The post was migrated from Yahoo.
Group:
I have a Ch 13 client. Their case was ACCIDENTALLY dismissed (not our fault) after 59 months. We have filed a motion to reopen and I expect it will be granted without objection shortly after New Year's. No problems there.
Unfortunately, after the case was originally dismissed, the FTB recorded a tax lien for $30,000 to secure what are otherwise dischargeable taxes, i.e. old income taxes. I don't have any questions about whether the taxes are dischargeable so no need to address that issue.
For sake of this conversation, please assume Debtor has $5,000 in total assets which would be subject to the tax lien, so the tax lien is under-secured.
Question: If the case is reopened, what is the impact of the newly recorded tax lien?
David A. Tilem
Certified Bankruptcy Specialist Since 1997
Law Offices of David A. Tilem (03025)
206 N. Jackson St., #201
Glendale, CA 91206
Tel: 818-507-6000 * Fax: 818-507-6800
Toll Free: 888-BK PRO 4U (888-257-7648)
www.TilemLaw.com
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The post was migrated from Yahoo.