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Does prepetition IRS lien become attached post-discharge

Posted: Wed Jan 16, 2013 4:51 pm
by Yahoo Bot

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
>
>

The post was migrated from Yahoo.

Does prepetition IRS lien become attached post-discharge

Posted: Wed Jan 16, 2013 3:11 pm
by Yahoo Bot

I hope this is helpful.

The post was migrated from Yahoo.

Does prepetition IRS lien become attached post-discharge

Posted: Wed Jan 16, 2013 2:34 pm
by Yahoo Bot

That's noncompetent, to be distinguished from incompetent :)
*************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw.com/
Certified Bankruptcy Law Specialist--The State Bar of California
Board of Legal Specialization
This Firm is a Qualified Federal Debt Relief Agency (see what this
means at

The post was migrated from Yahoo.

Does prepetition IRS lien become attached post-discharge

Posted: Wed Jan 16, 2013 10:56 am
by Yahoo Bot

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
>
>

The post was migrated from Yahoo.

Does prepetition IRS lien become attached post-discharge

Posted: Tue Jan 15, 2013 9:52 pm
by Yahoo Bot

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
>
>
The lein attaches even if the schedule B assets were exempt?
On Jan 15, 2013 1:48 PM, "Dennis McG" <cdcbaamailbox@gmail.com> wrote:
The post was migrated from Yahoo.

Does prepetition IRS lien become attached post-discharge

Posted: Tue Jan 15, 2013 1:48 pm
by Yahoo Bot

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
On Tue, Jan 15, 2013 at 12:41 PM, Alik Segal <listserv.inbox@gmail.com> 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
The post was migrated from Yahoo.