Expert Advice When You Need It Most

Can personal property taxes be included in a Chapter 7 bankruptcy?

I filed Chapter 7 in 2001.I bought a house this year and am in the process of refinancing and found out I already have a lien against it for a judgement for personal property taxes from 1998,1999 and 2000 when I had a small buisness.I found my paperwork from the bankruptcy and the past due taxes were not included(I actually don't remember owing them at the time).Would they have been discharged if included?Are they still included anyway because they were a debt prior to my filing?Is there a way to amend my bankruptcy and included them now?

Save

Attorney answers (1)

Avvo Pro

Reputation Level 6
You should contact your Debtor's counsel to discuss possibly reopening your case. Therer are different procedures to do this depending upon what state and district that you live in so it is important to contact an attorney in that area/district. Normally, a Motion to Avoid Judicial Lien is filed for liens involving real property that attached as a prepetition debt. Without further facts, I am unable to tell whether you would be eligible. There are normally reopening fees involved and check your original engagement letter with your attorney to see if this type of Motion was included in your original fee arrangement. If so, you may not have to pay attorney fees.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 
Ask now