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Los Angeles Bankruptcy Attorney Advice On Irs Tax Lien And Bankruptcy Discharge

Discuss the legalities of Bankruptcy Law

Los Angeles Bankruptcy Attorney Advice On Irs Tax Lien And Bankruptcy Discharge

Postby Bonde » Tue Nov 29, 2016 2:27 am

Hi I received a bankruptcy discharge which included my tax debt. I know that discharge does not impact the lien. Because the IRS still has a lien does that give them a right to my future tax refunds though that debt qualified to be discharged? I want to know if I should expect a refund this year.

Thank You.
Bonde
 
Posts: 47
Joined: Thu Jan 16, 2014 9:50 am

Los Angeles Bankruptcy Attorney Advice On Irs Tax Lien And Bankruptcy Discharge

Postby botan » Tue Nov 29, 2016 10:04 am

Leon Bayer  

The IRS lien does not attach to new assets that you acquire after the date you filed bankruptcy. I believe their lien is enforcable against a tax refund on money that you actuallyt paid in to them prior to the date you filed your bankruptcy. New money paid in to them after the filing date of your case should be unaffected.

I have a suggestion: Assuming there were no assets in your case that were sold to pay creditors,(what we call a 'no asset' case), you should call the IRS and ask them to ABATE the lien. In other words, to release it. I think they will do that for you. If they agree to abate the lien, they probably won't keep your refund.

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Bayer, Wishman & Leotta are Los Angeles Bankruptcy Attorneys. Each lawyer in the firm is a Los Angeles Bankruptcy lawyer and is a Certified Specialist in Bankruptcy Law by the State Bar of California. The firm has successfully represented individuals and small business clients in Los Angeles bankruptcy proceedings for over 32 years. Los Angeles Bankruptcy Attorney Leon Bayer and his partner, Los Angeles Bankruptcy Attorney Jeff Wishman, are  Bankruptcy experts who bring experience, skill and creativity to the highly complex area of bankruptcy law. And not just a little experience. Between the two Los Angeles Bankruptcy Attorney partners, they have over 65 years of experience handling bankruptcy cases in Los Angeles, Long Beach, Woodland Hills, North Hollywood, Riverside, Santa Ana, and the entire Los Angeles basin. As a long-standing expert, Leon is frequently called upon by the media, the California Bar and other associations to give opinions, provide insight and help educate new attorneys on bankruptcy and its changing laws. This column is one more way that Leon Bayer shares his knowlege and expertise in the confusing world of bankruptcy law with the public and provides resources of free bankruptcy help for individuals struggling with debt problems.

If you or other readers want to keep up with my Los Angeles Bankruptcy Attorney blog postings about life in and out of bankruptcy, you can follow my blog at http://www.bankruptcyblogger.org/,  my professional web site at http://www.debt-relief-bankruptcy.com, and A Human Guide to Bankruptcy at http://www.thebankruptcyguide.net/.  
botan
 
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Joined: Mon Jun 17, 2013 11:05 am

Los Angeles Bankruptcy Attorney Advice On Irs Tax Lien And Bankruptcy Discharge

Postby Dynawd » Thu Dec 01, 2016 8:49 pm

Hi I received a bankruptcy discharge which included my tax debt. I know that discharge does not impact the lien. Because the IRS still has a lien does that give them a right to my future tax refunds though that debt qualified to be discharged? I want to know if I should expect a refund this year.

Thank You.
Dynawd
 
Posts: 39
Joined: Mon Mar 31, 2014 9:54 pm


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