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Federal Tax Lien Chapt 7 Journey Offer In Comprimise Declined

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  • Federal Tax Lien Chapt 7 Journey Offer In Comprimise Declined

    Well here it goes. I have some really old tax debt from 2007 and I had it on a non collectible status but the IRS decided I could afford $500 monthly and that was not the case. I filed an offer in compromise and it was denied after back and forth discussions over the last year. So I filed a chapt 7 to solve my problem. I had some cc debt to go along with the IRS debt and I couldn't afford to pay both so their you go. I know the requirements for discharge are met and I know it will go away but I also read that the tax lien survives the bk but cant attach to any new property or assets acquired after the 7 discharge. I also have read that in no asset cases the lien could be released by the insolvency unit at the IRS since there is no real property or house in my case. Anyone have any recent experience in this scenario? Also my bk attorney office is telling me they think any tax is non dischargeable if the lien is already filed. I don't see any guidelines that suggest that's the case
    Last edited by forkinme2018; 07-10-2018, 02:02 PM.

  • #2
    Ps I had a tax law firm I hired to help me the offer and they are trying to tell me that tax would be non dischargeable if I file a chapt 7 within 6 months of a denied offer in compromise. I think that is a bs claim as they wanted to do an appeal and make more money.

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    • #3
      It's very complex and I have heard gotchas like that in regards to the OIC but I can't recall exactly as it didn't apply to me. I would be inclined to listen to what your attorney says. That is what you are paying them for and if they advise you falsely you could sue or get the bar to levy penalties on them.

      From searching really quick I found this. It seems like it might be relevant to your situation?
      https://howardlevyirslawyer.com/2015...ischarge-date/

      I am also discharging about $30,000 in tax debt. The threat of a NFTL (Notice of federal tax lien) being filed was part of the reason I filed bankruptcy. I plan on discharging the dischargeable portion and then either submitting a OIC or initiating an installment agreement for the non-dischargeable tax debt immediately after the bankruptcy discharge.
      Last edited by dlm777; 07-13-2018, 10:10 AM. Reason: added paragraph

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