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I filed bankruptcy on 11/21/2003 it was discharged 3/4/2004 the state of ohio filed a tax lien on me on 12/9/2003

Cincinnati, OH |

the lien was filed two weeks after bankruptcy filing date is it illegal for the state to do that

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Attorney answers 3


Yes, Ohio violated the automatic stay if the bankruptcy was filed correctly. Please see a tax lawyer in your area.

Disclaimer of California Attorney. Laws differ from state to state. Although the above response is believed to be accurate, it should not be relied upon as any type of legal advice because the information provided is incomplete. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. No attorney client relation is formed with me without a written contract.

Good Luck starts with a strategy and a plan.

Robert J. Suhajda, MS,CPA
17721 Norwalk Blvd. #43
Artesia, CA 90701

Tax Relief Lawyer. Former financial auditor and controller. Admitted to US Tax Court, Income Tax, IRS representation, Fiduciary income tax returns, Estate and Gift tax returns, Homeowner Association Strategist.


Yes, an attorney should be able to contact the state and remove the lein, however, if the debt owed to the State was not dischargeable in the bankruptcy, hypothetically the the State can turn around and file it right after the bankrutpcy. The end result would be the same. Understand the I do not know the exact situation you are in. Your exact situation might result in a different answer. Before you do anything, contact a lawyer to sit down with you and go over your facts.


I would definitely talk to your old bankruptcy attorney (or a new one in a consultation) to determine whether there is any point in taking legal action. I can think of few scenarios where the state lien won't just be re-filed even if you can have it removed.