multiple tax years back to 06
chapter 7 bankruptcy discharged early this year.
Family Law Attorney
If you listed your taxes on your petition, and the tax returns were filed at least 3 years before you filed your bankruptcy petition, and the IRS has not filed tax liens, then your taxes were discharged in your Ch.7. You need to talk with your bankruptcy attorney.
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.
If the taxes you describe are ad valorem taxes against your homestead or other real property, they remain as a lien against the property even if you have received a chapter 7 discharge. The taxes have to be paid if you want to keep the real property.
The tax help companies that persist in providing loans for taxes, generally pose great risk to your owning real estate, because their standard method of operation is to purchase the tax lien from the tax authority, and step in their shoes, in order to give you financial terms to pay the taxes.
These lenders become entitled to the status of a tax entity, so they can easily foreclose upon the slighest default, and are positioned to be paid in full should you refinance or attempt to place a first or second lien on the property.
In my experience, they pose a great risk, because they are so powerful, as against your right to a homestead.
If you plan to keep the real property, you would likely have better results in a chapter 13, with the taxes paid over 5 years in a plan of reorganization.
You would benefit from reviewing this with an experienced bankruptcy attorney, before dealing with a tax loan company.
General legal advice is offered for educational purposes only. A consultation with a qualified attorney is required to determine specific legal advice as to your situation and applicable law. We are a debt relief agency and we help people file for relief under the bankruptcy laws.
Income taxes can be discharged in bankruptcy if certain requirements were met. Your bankruptcy attorney should be able to advise you on that.
Otherwise, as a rule I recommend that people get help from professionals in their community that they can sit down and talk to, as opposed to someone that is located in a distant state, or someone that they heard about only on the internet or late-night TV.
For IRS problems, the professionals that can help are attorneys, CPA's and enrolled agents.
We are a debt relief agency and we help people file for relief under the bankruptcy laws.