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Under a chapter 13, can you avoid state income tax liens on your residence if your home has no equity. (Maryland Case)

Fort Howard, MD |

Considering filing chapter 13 only if state income tax liens for income tax years more than 4 years old can be avoided.

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Attorney answers 3

Posted

Tax liens typically attach to all the property you own, not just your residence. So if you have a car, furniture, a 401K, etc. the exemptions you select will not apply to a tax lien and will be counted as property that the tax lien attaches on. Hope this perspective helps!

Posted

Maryland state income tax liens attach only to real estate (absent a levy) and can be avoided (stripped down or off, as the case may be) in a Chapter 11, 12, or 13 bankruptcy case.

Posted

Yes. Experienced bankruptcy practitioners can help you with this.