Mesh settlement - community property - back taxes - value of lien?
Posted: Wed Nov 29, 2017 10:25 am
Debtor says her attorney told her the mesh recovery lawsuit is non taxable
and is also for future medicals. Is this something that would go on the
means test (and backed out) if paid in the 6 months prior to filing? Or is
this an "asset" rather than income?
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
On Tue, Nov 21, 2017 at 5:56 PM, Holly Roark wrote:
> 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
>
>
>
Debtor says her attorney told her the mesh recovery lawsuit is non taxable and is also for future medicals. Is this something that would go on the means test (and backed out) if paid in the 6 months prior to filing? Or is this an "asset" rather than income?Holly RoarkCertified 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 90067T (310) 553-2600; F (310) 553-2601
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