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Mesh settlement - community property - back taxes - value=
Hello Holly:
IRS can definitely levy on the proceeds to satisfy back taxes, and the value will add to the value of the lien.
- John D. Faucher
On Saturday, November 25, 2017 10:20 AM, "Patrick Green pat@fitzgreenlaw.com [cdcbaa]" wrote:
Holly: On the CP issues, assuming a CA domiciliary at all relevant times, see CA Fam. Code 780-781. If you have any questions or concerns, please contact me. Pat Patrick T. Green 1010 E. Union St. Ste. 206 Pasadena, CA 91106 Ph: 626-449-8433 Fax: 626-449-0565 Email:pat@fitzgreenlaw.com CONFIDENTIALITY NOTICE: This e-mail transmission (and/or the attachments accompanying it) may contain confidential information belonging to the sender which is protected by the attorney-client privilege. The information is intended only for the use of the intended recipient. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. Any unauthorized interception of this transmission is illegal. If you have received this transmission in error, please promptly notify the sender by reply e-mail, and then destroy all copies of the tracom]
Sent: Tuesday, November 21, 2017 4:56 PM
To: cdcbaa ; Nacba BK Listserv
Subject: [cdcbaa] Mesh settlement - community property - back taxes - value of lien? Debtor received a personal injury settlement from the transvaginal mesh litigation. Debtor is separated, and received funds post separation, but the injury occured during marriage. Are the funds CP? Part of the funds are for future medicals. Can the IRS levy on such a settlement for back taxes? Further, if there is a tax lien but the taxes are otherwise dischargeable, will the amount of the settlement figure into the value of the lien if Debtor files CH 7 BK? (I.e. IRS looks at the equity in all assets to determine value of lien at time of filing.) Is there anything "special" about these funds that they can't be levied by IRS or figured into for lien value of dischargeable taxes?
Holly Roark Certified Bankruptcy Specialist* and Sports Lawyer holly@roarklawoffices.com**primary email address** www.roarklawoffices.com Central District of California & District of Idaho - Consumer Bankruptcy Attorney 1875 Century Park East, Suite 600 Los Angeles, CA 90067 T (310) 553-2600; F (310) 553-2601 *By State Bar of California Board of Legal Specialization
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