Does prepetition IRS lien become attached post-discharge
Posted: Wed Jan 16, 2013 4:51 pm
If you have a proof of claim from the IRS, call the specialist who
signed that form.
If there is no proof of claim, call any specialist you've ever dealt
with before, and ask them who has the case. One of the most
knowledgeable is Neal Kakuske, 213/894-3456.
- John D. Faucher
818/889-8080
On 1/16/13 12:44 PM, Patrick T. Green wrote:
>
> John: Who do you call at the IRS regarding post discharge release of
> the lien?
>
> If you have any questions or concerns, please contact me.
>
> Pat
>
> Patrick T. Green
>
> Attorney at Law
>
> Fitzgerald & Green
>
> 1010 E. Union St. Ste. 206
>
> Pasadena, CA 91106
>
> Tel: 626-449-8433
>
> Fax: 626-449-0565
>
> pat@fitzgreenlaw.com
>
> *From:*cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On
> Behalf Of *John D. Faucher
> *Sent:* Wednesday, January 16, 2013 10:57 AM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* Re: [cdcbaa] Does prepetition IRS lien become attached
> post-discharge only to prepetition property or also to newly acquired
> property like wages and bank accounts?
>
> State exemptions count for nothing in front of the IRS. Lien attaches
> to all property, exempt or not.
> The only way I'd disagree with highly esteemed graybeard McGoldrick's
> answer is that you can expect the IRS to release the lien after
> bankruptcy for free, unless there is some highly identifiable and
> valuable piece of personal property in the estate. I've got a blog
> post going out this afternoon which explains this a little more.
> - John D. Faucher
> 818/889-8080
>
> On 1/15/13 9:52 PM, Kirk Brennan wrote:
>
> The lein attaches even if the schedule B assets were exempt?
>
> On Jan 15, 2013 1:48 PM, "Dennis McG" > wrote:
>
> On Tue, Jan 15, 2013 at 12:41 PM, Alik Segal
> wrote:
>
> Mates,
>
> I am sure this has come up before, but I cannot come up with the
> right key words to find it.
>
> After IRS files a lien, the debtor files bankruptcy and receives a
> discharge. All tax debts were dischargeable. The personal
> property os Schedule B was worth a total of $10,000.
>
> 1. Does the IRS have a lien on those specific items listed in
> schedule B?
>
> yes
>
> 2. Does the IRS lien attach to new property acquired after
> discharge including wages and bank accounts?
>
> no
>
> 3. Does the total amount owed at discharge (total value on
> schedule B) remain the same except for interest?
>
> yes
>
> Alik
>
> You can call and ask the IRS what amount they want to collect to
> abate the lien. They will tell you. Client pays, lien gone.
>
> Or, you can file a 13 and pay the 10k in a plan. put in misc
> provisions lien is void after plan is paid.
>
> dennis
>
>
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