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Can you file bankruptcy even if you have tax liens on your house from 04 05 06 They were just put there in 2008 Im on permanent disability cant work what can I do pls help don't want to sell?
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∙ 13y ago
Filing bankruptcy does not alter or protect you from paying your tax lien.
Wiki User
∙ 13y ago
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If you had a lien placed on your house 2 months before you filed bankruptcy and you filed bankruptcy on that creditor is the lien still valid?
All liens survive bankruptcy. You can get rid of the lien by "avoiding" it. Look up "Avoiding Liens" in google or findlaw.com for more info.
What happens to your liens if you discharge IRS debt in bankruptcy?
The liens survivie the BK.
Can property liens go away after filing bankruptcy?
Liens, either involuntary or voluntary cannot be discharged in BK, there are there to stay. However, it can be possible to AVOID a lien, depending on the value of the lien, value of the property affected, and the exemption amount for that property. Such a procedure is too complicated to discuss here.
How can you save your house if it was used as collatera o a business that is in default and you are filling bankruptcy?
Talk to a local experienced bankruptcy lawyer. If there is equity in the house after deducting the payoff on the first mortgage and any priority liens, you should not have a problem. If there is equity, it gets more complicated, but you may be able to keep the house with a Chapter 13.
What effect does filing bankruptcy have on liens that have already been placed on property?
Whether or not a motion can be filed and will be granted for a lien to be removed after the bankruptcy has been filed depends upon individual circumstances. The expungement liens can be very complicated and it is best to have the action undertaken by a qualified bankruptcy attorney.
Is there a difference between a lien and a judgment when you go to bankruptcy court or on your credit report?
A lien is always against real property, such as a house. this prevents the property from being sold or used as collateral. A judgment can be anything from the liquidation of assets to garnisment of bank accounts and wages. Big difference in bankruptcy. There is even a difference in the type of liens. For example, judgment liens are a lot easier to avoid than administrative liens. Judgment creditors have much less power to affect your plan than lienholders. These answers are incomplete. For example, there are liens against personal property, including some tax liens and security interests under the uniform commercial code. Consult an experienced competent bankruptcy attorney for a better explanation as soon as possible. Delay, mistakes and acting on incomplete information can be expensive.
What if there are numerous liens on a house that 1-is damaged to the point of being worth less than the mortgage and 2-the home owner has never made any payments on the mortgage filing bankruptcy?
In addition to the question, I am interested in buying this house and the owner is a relative.
How do you remove liens or judgments once your chapter 13 is discharged?
You cannot have liens or judgments removed unless you write the credit bureaus and give them a copy of your discharged bankruptcy. Some liens and judgments will not need to be paid but will still remain on your credit report.
How do you remove liens on property that was transferred for no consideration before the judgment was executed when the debts were included in bankruptcy?
The person wishing to take the action needs to be certain that the debts were actually discharged in the bankruptcy before he or she can take any steps to have the liens lifted. The other issue would be if the property was legally transferred according to the federal or state bankruptcy laws or if it is being challenged as a fraudulent conveyance. If the BK has not been discharged and in most cases closed as well then the liens may still be valid. The best option is to consult with an attorney who is knowledgeable in federal and state bankruptcy matters.
What happens to the garnishments after you filed bankruptcy?
If they were ordered by the court (i.e.: child support - back taxes - etc) you must still honor them, bankruptcy will not do away with court ordered liens. . Liens placed by private persons or businesses will have to take their place in your long line of creditors. As soon as you file, you take the papers from the bankruptcy court showing that you filed to your employer and the garnishment will stop. There are some exceptions to this.
Strip second mortgage?
Yes, you can strip the second mortgage in a bankruptcy if your house is worth less than the combined first and second liens. If you have any question, contact me @ 321-945-4404. Arvind Mahendru, Attorney at Law, Orlando FL
Can tax liens be dismissed under Chapter 7 or Chapter 13?
Even if you discharge a tax debt in a bankruptcy (which can be done in limited circumstances), the lien associated with that debt is not released by bankruptcy proceedings. The result is that you may come out of bankruptcy with no tax liability, but there may still be a lien on your property. That lien attaches to any equity in your assets that existed prior to the bankruptcy and was exempted in the bankruptcy. For example, if you owned your house and filed bankruptcy with $20,000 of equity in your home, you may have been able to exempt that equity in the bankruptcy through a homestead exemption (so that you could keep your home). If that happened, after your bankruptcy was discharged the IRS would still have a lien against you that attaches to that $20,000 of equity (but not to any equity that accrues after the bankruptcy filing).
