Announcement

Collapse

Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

Welcome to the Bankruptcy Forum. Bankruptcy (BK) Forum is known as BKForum.com and will be referred to as BKF hereinafter. In order to ensure a long term success of our vibrant community, we have established certain rules and guidelines to which everyone must adhere to. Please take your time to carefully read our rules, before you start to participate in the community.

Things you agree to do:
BKFORUM.com (BKF) users agree to use the search function before starting a new thread. This prevents duplicate discussions and allows for better organized topics.

All BKF users agree to read the sticky posts which may be available at the top of a forum page. These Sticky posts often contain valuable information. They may also outline more rules and guidelines specific for that particular forum, stickies are put in place by that forums moderator(s) or admin(s).

Things you agree not to do:

All BKF users agree not to call people names or write a post simply to make a personal attack, or get a negative reaction; this behavior is not allowed on our forum. The use of derogatory language aimed at anyone will be severely dealt with. There is no need to agree with each other, or to even like each other. However, by signing onto BKForum.com you agree to treat each member and guest with the respect they deserve. No threats or personal attacks will be allowed.

All BKF users agree not to discuss, engage, or encourage any behavior or activity which violates the law. Discussion of drugs, violence, murder, theft, vandalism, fraud or any other issue which could be used to help individuals break the law is strictly forbidden.

All BKF users agree not to "bump" old threads, unless there is a specific benefit to the community by doing so. But in most cases, please don't post in very old threads, instead start new threads.

All BKF users agree not to attempt/use another members account. It is against BKF rules to use any account other than your own. Impersonating another member will result in an immediate ban. It is also against the rules to open more than one account in your own name without permission from a moderator or administrator. If you have been banned for any reason, it is against the rules to open another account. If you were banned temporarily and you are caught using another account you will be banned permanently. Choosing a moniker which is similar in either sound or spelling as a moderator or administrator is strictly forbidden.

All BKF users agree not to private message any moderator, admin, or other member with questions related to their personal circumstances (Questions about the forum or issues with the forum are ok). This forum only works when members share their experience and insights with everyone.

Things you agree not to post:
All BKF users agree not to post any derogatory/racist/or sexist remarks. This includes attachments, links and all information contained within posts, signatures, and avatars, failure to comply with this rule will result in a permanent ban.

All BKF users agree not to post any copyrighted or trademarked information without the express written permission of the owner(s) / proper citation of source.

All BKF users agree not to post any real names, addresses, telephone numbers, email addresses, social security numbers, or any other personal details (their own or other people's).

All BKF users agree not to post links, pictures, attachments, videos, or the like of pornographic content, objectionable material or extreme violence, whether cartoon or real.

All BKF users agree not to use BKF for advertising purposes without a written contract between yourself/company/agent and the administration of BKF. Blatant advertising will result in a ban.

All BKF users agree not to spam the forums. Spam includes but is not limited to posting erroneous, non-relevant-useless, off-topic, or meaningless posts. Spam may also include posts which contain no text, or large areas of blank space between lines. Simply posting emoticons without text is considered spam. BKF is the largest bankruptcy message board and all the content is intended to help other users. Please help us improve the quality of our forum by making sure that your posts are well-worded, spell checked, grammatically correct and syntaxed.

Regarding actions of moderators and administrators:

The forum is no place to air out your opinion or be judgmental of our staff and its capabilities.

All BKF users agree not to abuse or mistreat moderators or administrators. It is against BKF rules to post any information regarding bans or any other action taken by a member of the moderating or administrative team. If you wish to discuss bans or warnings please do so via PM. To place a complaint against a moderator, send a PM to a super moderator. All Moderators are equal, any decision made by a moderator must be adhered to. If a moderator tells you something you do not like, do not go to another moderator looking for a different answer. If you are caught doing this you will be banned. The moderators work as a team and respect the decisions made by their peers and will help enforce them unless an administrator tells them differently.
If you have an issue with how the forum is run, then notify one of our administrator and we will look into the situation. We have in the past and still do appreciate any input that you offer this forum. But critical input and/or judgmental postings towards the staff will result in you getting banned.


Should you find a thread offensive or out of line, then notify a Mod in a PM so they can evaluate the situation and do the action deemed necessary.

All moderators do have active "other" lives outside of the forum and help moderate this forum in their spare time throughout the days and weeks.

If you have a problem with a member or Mod follow the proper channels of reporting it.

BKF reserves the right to delete any posts which contain anti-BKF comments or discussion. Any bashing of moderators or administrators, or any of their discussion or actions will also be deleted, and the responsible posting party(s) will be banned. Any public anti-BKF advertising, communication, or posts on another forum will result in permanent bans as well.

All warnings and bans are decided by individual moderators and administrators. Warnings are preferable to bans however, for serious offenses and repeat abusers bans will go into effect. The length of the bans can vary from several hours to permanent.

All messages posted or sent including through PM are the property of BKforum.com.

All BKF users agree not to advertiser on the forum (Niether by posting, private messaging or using your signature). If you are a company/attorney/legal adviser wishing to advertise on the site or sell a product, you must contact the head administrator and inquire about our advertising packages.

All bankruptcy related opinions expressed on BKForum.com are those of their authors and not necessarily of BKF, its staff or representatives.

You agree not to copy any material/post/content from BKF without written permission from our head administrator .

By posting on this forum you agree to these terms and conditions, including any punishment deemed appropriate by moderators or administrators in the event of an offense.

Administrators/Moderators can change these rules at any time without prior notice.
See more
See less

Complaint to determine dischargeability of taxes?

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Complaint to determine dischargeability of taxes?

    I am pro se no asset Chapter 7. So far so good - 60 days will be up soon with no objections or anything untoward that I can see. My husband is filing jointly and has substantial taxes owed that are technically dischargeable as we meet all the criteria. We have confirmed this with a very reputable tax/bk lawyer.

    Should we file a complaint to determine the dischargeability, or simply leave it and assume it will be discharged? The lawyer advised we did not need to file the complaint, but I am worried and would like finality of knowing or at least being able to discuss it in front of a judge! If we do not file now and the IRS later asserts that the debts were not discharged, can I return to the court to determine dischargability, or is this my one time to do that?

    The IRS did file a Lien, but we have no assets of any worth. Should we take the time to motion to waive the lien (or whatever the right term is?).

    I did a bunch of research on topic before we filed in April, and got comfortable with no action other than the standard Ch 7 proceedings, but now this forum has me thinking!

    Anyone done this?

    Thanks for any advice.

  • #2
    You do not need to file a Complaint. The bankruptcy unit of the IRS (Special Procedures) understands the "rules". However, while the taxes may meet the test for dischargeability (I will assume you are correct that they do), the IRS has a lien. The IRS is secured up to the value of your unencumbered property as of the Petition date.

    When I handle a case such as yours I send out what I call a "45 day letter" (my term). I include a copy of Schedule A and B and ask for a written confirmation that the remaining tax debt will only be up to the value of the property that is otherwise not encumbered. I then work out a payment plan between my client and the IRS for the "secured" portion of the cliam. Works every time.

    Comment


    • #3
      Originally posted by limabean View Post
      I am pro se no asset Chapter 7. So far so good - 60 days will be up soon with no objections or anything untoward that I can see. My husband is filing jointly and has substantial taxes owed that are technically dischargeable as we meet all the criteria. We have confirmed this with a very reputable tax/bk lawyer.

      Should we file a complaint to determine the dischargeability, or simply leave it and assume it will be discharged? The lawyer advised we did not need to file the complaint, but I am worried and would like finality of knowing or at least being able to discuss it in front of a judge! If we do not file now and the IRS later asserts that the debts were not discharged, can I return to the court to determine dischargability, or is this my one time to do that?

      The IRS did file a Lien, but we have no assets of any worth. Should we take the time to motion to waive the lien (or whatever the right term is?).

      I did a bunch of research on topic before we filed in April, and got comfortable with no action other than the standard Ch 7 proceedings, but now this forum has me thinking!

      Anyone done this?

      Thanks for any advice.
      Since the IRS lien attaches to all pre-petition property without exemptions any property with value will be game. If you really don't have any assets listed has exemptions in your filing, include cars. Offer the IRS $500-1000 to release the lien and it should be accepted.

      However if your husband has either a 401k or IRA these are not exempt from an IRS levy post-petition because these assets are excluded from the bankruptcy.
      The IRS will levy a 401k or IRA account if you owe taxes.

      Comment


      • #4
        Thanks for the advice ... one further question re the 401K situation, as I do have a 401K of some size.

        My husband and I filed BK jointly. But the taxes are his (married filing separately or pre-marriage) and the 401K is mine. Community property state, though (CA).

        Any idea if the lien can be attached/levied on 'my' 401K? Or will they likely go for the offer of release for $500-1,000?

        Perhaps I should just send a '45 day letter' complete with a low-ball offer for releasing the lien and see what happens? Will I stir the hornet's nest?

        Thanks again! I do love this forum!

        Comment


        • #5
          In response to:

          "Perhaps I should just send a '45 day letter' complete with a low-ball offer for releasing the lien and see what happens?"

          There is no harm in trying. Either the taxes will be discharged but for the "agreed" lien amount or they won't. As to the 401K, I do not know if the IRS will claim an interset in yours. As one poster indicated, the retirement plan is not an asset of the bk therefore, while the IRS may agree to a payout based upon the value of the personal property in the bk, it may not actually release the lien. The only way to find out is to contact the IRS and work a deal without mentioning the retirement plan. If the lien is released upon payment of the agreed amount you will have your answer.

          Comment

          Unconfigured Ad Widget

          Collapse
          Working...
          X