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Internal Revenue Manual - Exempt property subject to collection after discharge for dischargeable taxes.
Rene:
This has always been the rule.
It is sad, but Federal law preempts state law, so the IRS won't even let the debtor have a the state law homestead after a bk.
d
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
> On Dec 2, 2015, at 5:04 PM, R Grace Rodriguez rgracelaw@gmail.com [cdcbaa] wrote:
>
> Section 522, Exemptions. Provided in this section of the code are property exemptions a debtor may select. The federal exemptions apply unless the state in which the debtor is domiciled has enacted specific legislation authorizing or mandating the use of state exempted property limitations.
>
> Under 11 USC 362, collection may not be pursued against property exempt under 522 while the automatic stay is in effect.
>
> Upon discharge, exempt property is subject to collection of dischargeable taxes for which a Notice of Federal Tax Lien (NFTL) was filed prior to the petition date.
>
> Did you know?
>
>
> R. Grace Rodriguez, Esq.
> Full service Real Estate Attorney &
> California State Bar
> Certified Bankruptcy Specialist
> OFF: (818) 734-7223
> CEL: (818) 554-9922
>
>
>
This has always been the rule.It is sad, but Federal law preempts state law, so the IRS won't even let the debtor have a the state law homestead after a bk.dDennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voiceOn Dec 2, 2015, at 5:04 PM, R Grace Rodriguez rgracelaw@gmail.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
The post was migrated from Yahoo.
But see federal exemptions perhaps
Sent from my iPhone - please excuse typos.
> On Dec 2, 2015, at 5:04 PM, R Grace Rodriguez rgracelaw@gmail.com [cdcbaa] wrote:
>
> Section 522, Exemptions. Provided in this section of the code are property exemptions a debtor may select. The federal exemptions apply unless the state in which the debtor is domiciled has enacted specific legislation authorizing or mandating the use of state exempted property limitations.
>
> Under 11 USC 362, collection may not be pursued against property exempt under 522 while the automatic stay is in effect.
>
> Upon discharge, exempt property is subject to collection of dischargeable taxes for which a Notice of Federal Tax Lien (NFTL) was filed prior to the petition date.
>
> Did you know?
>
>
> R. Grace Rodriguez, Esq.
> Full service Real Estate Attorney &
> California State Bar
> Certified Bankruptcy Specialist
> OFF: (818) 734-7223
> CEL: (818) 554-9922
>
>
>
The post was migrated from Yahoo.
As a practical matter no, but statutorily yes
Sent from my iPhone - please excuse typos.
> On Dec 2, 2015, at 5:04 PM, R Grace Rodriguez rgracelaw@gmail.com [cdcbaa] wrote:
>
> Section 522, Exemptions. Provided in this section of the code are property exemptions a debtor may select. The federal exemptions apply unless the state in which the debtor is domiciled has enacted specific legislation authorizing or mandating the use of state exempted property limitations.
>
> Under 11 USC 362, collection may not be pursued against property exempt under 522 while the automatic stay is in effect.
>
> Upon discharge, exempt property is subject to collection of dischargeable taxes for which a Notice of Federal Tax Lien (NFTL) was filed prior to the petition date.
>
> Did you know?
>
>
> R. Grace Rodriguez, Esq.
> Full service Real Estate Attorney &
> California State Bar
> Certified Bankruptcy Specialist
> OFF: (818) 734-7223
> CEL: (818) 554-9922
>
>
>
The post was migrated from Yahoo.