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9th Circuit tax case - pension can be levied upon post-discharge [1 Attachment]
Ok, these liens are fairly common. Prior to 1996, they were a much larger problem then they are now. The Federal Government put a statute of limitations on tax collections in 1996. The states, mostly have no such statute of limitations. California has no statute of limitations for collecting state taxes.
Federal Taxes can only be collected for 10 years. When the IRS puts a levy on a pension, if the debtor is young, no problem, wait 10 years and it will be gone. If the debtor is older, then there can be a problem, but mostly we just tell people not to take funds from the pension for the 10 year period. Recall, that the debtor took the Patterson v. Schumate claim. That is a claim that the pension cannot be levied by creditors. So what can the IRS due, it can collect what comes out of the pension as the funds are disbursed to the debtor from the corpus remains protected by the antialienation provision (no hyphen after the prefix "anti")
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Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
> On Mar 11, 2014, at 8:58 AM, wrote:
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> [Attachment(s) from havkinlaw@earthlink.net included below]
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> The 9th Circuit ruled that IRS could levy after discharge on a pension that was excluded under Patterson v. Shumate in the Debtor's bankruptcy schedules, rather than exempted. See attached.
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> Stella Havkin
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