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    Real Estate Taxes

    ASsuming no escrow account for the collection of RE taxes, Real estate taxes may only be paid once a year, thus virtually any payment will be over $600. Could the excess of this payment over the $600 limit be attached by the trustee? Is the county government considered a creditor?

    #2
    They are considered a priority creditor - they get paid before anyone else gets paid......
    Minny

    "It's amazing the paths that our feet sometimes follow in life".

    My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

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      #3
      Does that mean they get paid before the trustee as well?

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        #4
        Yep...................

        If a Trustee seizes your property for resale at auction - the TRUSTEE has to see that the property taxes and insurance is maintained on the property clear up to the time of auction......
        Minny

        "It's amazing the paths that our feet sometimes follow in life".

        My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

        Comment


          #5
          If the property were current, with all taxes and insurance paid but the taxes well over $600 were paid within the previous 6 months could the trustee force the county to refund the excess and thereby create an overdue situation on the real estate taxes?

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            #6
            No.

            The $600 bit is more an issue with unsecured creditors. Creditors of the same sort need to be treated the same. So, if you have 10 creditors cards and you paid one of them alot and the others a little, the big payment would be redistributed so they all got a proportionate share.

            Secured debts, taxes, child support, etc. are items that generally go into a class of their own. $ would never be taken from a priority debt and applied to an unsecured debt.

            Originally posted by Nothing But ???
            If the property were current, with all taxes and insurance paid but the taxes well over $600 were paid within the previous 6 months could the trustee force the county to refund the excess and thereby create an overdue situation on the real estate taxes?
            Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

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