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Arizona sent a notice of enforced action for taxes that are only partially owed. What can they do to me?

La Mirada, CA |

I filed for bankruptcy in 2007 and discharged my 2000 and 2002 taxes that had been filed but not my 2003, 2004, 2005, or 2006 which had not been filed. They continued to pursue the 2000/2002 taxes even attaching my federal refund without notice of any kind - but did remove after I complained (indicating that they were wrong in doing it to begin with). They applied my last two years of AZ refunds to these older taxes as well.

I was single at the time but now live in California and own property that is own as community property with my new wife.

Can the State of Arizona attach my California property or wages? What can I do to push back on 2000/2002 taxes that they continued to pursue? If they sued me, how would they have to serve me?

Thanks for any help you can provide.

Thanks,
Tony

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Attorney answers 3

Posted

Tony,
Your situation is very complicated. There is no way that you tax dilemma can be analyzed in an online forum like this. Further, your questions primarily seek advice on AZ tax law and AZ civil procedure. I suggest you contact an AZ tax attorney to discuss your situation.

Posted

If you need to get a determination regarding your taxes, you can file an adversary proceeding in your Chapter 7. Once you get the taxes deemed discharged by Court Order, then if the IRS continues on this track, they will clearly be in violated of your discharged under 11 USC 524.

You have an argument that the debt is discharged now and may well have a discharge violation.

If you file an adversary proceeding, it must be in the District where you filed your case.

Good luck.

Please contact me directly with document for a free 30 minute consultation to get more concrete advice. This is not legal advice. I don't have enough information to give actual legal advice. I can only take the limited information presented and provide a framework to know how your situation may turn out. I may have questions that bring up issues you did not think were important but make a big difference.

Posted

Assuming the obligation was discharged, the State of Arizona probably violated the discharge injunction. You need to speak with your bankruptcy attorney about whether this injunction was violated and whether you should sue the State of Arizona as a result.

Please do not rely on answers you receive from attorneys on avvo. Visit local counsel.

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