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CHAPTER 7 BANKRUPTCY AND US TRUSTEE LIQUIDATION OF NON EXEMPT ASSETS

Cherry Hill, NJ |

THE VALUE OF ALL MY NON EXEMPT ASSETS (ESTIMATED LIQUIDATION) IS JUST ABOUT ENOUGH TO COVER WHAT I OWE THE IRS. THERE ARE NO OTHER SECURED/PRIORITY CREDITORS, LIENS OR JUDGEMENTS. THERE ARE OTHER CREDITORS BUT THEY ARE NON SECURED. IF I CAN MAKE A PAYMENT DEAL WITH THE IRS DURING THE COURSE OF MY CHAPTER 7, CAN THE US TRUSTEE STILL FORCE A LIQUIDATION IF THE IRS ACCEPTS A PAYOUT OVER A NUMBER OF YEARS. AT THE END OF THE DAY IN A TOTAL LIQUIDATION THEY ARE THE ONLY ONES TO GET PAID. IF THE US TRUSTEE FORCES SALE ZILCH IS LEFT FOR ANYONE ELSE. HELP

Attorney Answers 3

Posted

You overlook other creditors who would need to be paid - the Trustee and other professionals. You made the choice to file a Ch.7 and there is no "do over" after the Trustee finds assets and starts to liquidate. This was something to discuss with your lawyer before filing.

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Posted

You probably ought to get an attorney to represent you as filing Chapter 7 under these circumstances will be costing you a bundle, not to mention the aggravation. Properly structured, a Chapter 13 could allow you to make payments to satisfy your IRS debt at 0% interest with no more penalties, retain all the nonexempt property without it being liquidated, and allow a discharge of your other debts. There is a reason why people pay bankruptcy attorneys a substantial fee for a Chapter 13 - because it can save you a lot. Hope you don't end up learning the hard way that without a license to practice law & years of experience, you are not qualified to plan for bankruptcy on your own.

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1 comment

Dorothy G Bunce

Dorothy G Bunce

Posted

Oh I forgot to mention the one concern I had when answering your question. The IRS seldom files claims in Chapter 7 cases, so in Chapter 7, after all your nonexempt property is liquidated, the payment won't go to the IRS because they haven't filed a claim. So you shoot yourself in the foot after jumping off a 1,000 foot cliff blindfolded!

Posted

The IRS is a priorty creditor, so they will get paid first. Other unsecured creditors' amounts will be discharged.

Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 26 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.

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