Im filling out chapter 7 forms and wonder if I list a tax lien on schedule D and E if the lien is not secured by my home?

Asked over 2 years ago - Fresno, CA

Im filling out chapter 7 form schedule D in which I listed a federal income tax lien for 15K on my home. The home has no equity to cover the the 15K, so would I list the tax lien again on shedule E...creditors holding unsecured priority claims?

Thank You

Attorney answers (3)

  1. Richard E Weltman

    Pro

    Contributor Level 14

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    Answered . In most states a federal tax lien attaches to real estate upon filing whether or not there is equity in the real estate to pay it. That would suggest scheduling the tax lien on bankruptcy Schedule D. The lien may later become a priority issue between your secured creditors.

    But having said this, you should not be doing this yourself without professional help. I must agree with my colleague here. There is too much at stake in your situation to guess or speculate. You should meet and confer with a qualified CA bankruptcy attorney immediately.

    Good luck.

    This answer is provided for information purposes only. It should not be relied upon as legal advice which can only... more
  2. Walter C Oney Jr

    Contributor Level 17

    3

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    Answered . You are making a terrible mistake filing bankruptcy without an attorney if you owe taxes and have a tax lien. That decision could cost you thousands of dollars -- much more than an attorney would cost.

  3. James Portman Webster

    Pro

    Contributor Level 15

    Answered . First, I am not sure you understand tax liens and it is not clear there is not a lien on your home.

    Based on the first issue, you need an attorney.

    Too much is at risk.

    Please contact me directly with document for a free 30 minute consultation to get more concrete advice. This is... more

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