Marshal's Notice of Execution

[backtoschool]

JGT, who says you can't have your taxes discharged? I used to think so too, but that is an urban legend and you absolutely can have them wiped away as long as they meet a certain set of conditio9ns for income taxes. There are plenty of threads in this forum talking about that. ;-)

Yeah and what you say about breaking in versus seizing parked cars makes perfect sense, dude. Thanks!

Here are the conditions you need to meet to discharge your income taxes in bankruptcy:

Each of the following requirements must be met in order for a Chapter 7 bankruptcy to discharge tax debts:

No fraud or willful evasion of taxes. You cannot obtain a discharge if you file a fraudulent tax return or otherwise willfully attempt to evade paying taxes. The IRS typically applies this rule only in cases where a fraud penalty has been assessed.


Only income taxes. Only income taxes may be discharged in bankruptcy. Other taxes, such as excise taxes or estate and gift taxes are not dischargeable. Trust fund penalties and fraud penalties are never dischargeable.

The taxpayer must be an individual. Corporations and other entities liable for income taxes cannot discharge income tax debts in a Chapter 7 bankruptcy.

The three-year rule. The due date for the return, including the due date after filed extensions, must be more than three years prior to the bankruptcy petition. Do not forget that due dates falling on Saturday or Sundays are actually extended to the following Monday.

The two-year rule. You must have filed the tax return more than two years prior to the bankruptcy petition. Returns filed by the IRS on your behalf do not qualify. There is one “gotcha” relating to the two-year-rule. The IRS has three years to audit and correct a return after the return has been filed. Thus, it is possible to discharge taxes on a return only to have the IRS assess additional taxes on account of corrections the IRS makes to the return.

The 240-day rule. The assessment date for the taxes must be greater than 240 days prior to the date the bankruptcy petition is filed.

So quite a bit of your tax liability will not be dischargeable in your bankruptcy and filing now will negate the potential to discharge some of your taxes.

[outsidetool]

I get it now, you want to file your taxes so you can have them discharged. My understanding is that you'll be waiting to file then for a couple of years, at least. I believe that taxes are not dischargable until 2 years after they're filed. I guess if you can keep everyone at bay that long, then super. Still, myself, I'd just file and stop all the BS. Then contact the IRS about an Offer in Compromise after filing. I've actually been down that road, when I filed a Ch 13 back in 1999 mainly due to tax issues. A few of my tax years were dischargable, but of course the years I owed big for were not (some had not been filed).

[NSH]

I'd be filing BK ASAP. Taxes filed or not, and let the process of BK take care of it all.

All the lawyers I spoke to so far said they wll not even begin the paperwork of filng or set up any court appointments until I am current. But then I actually had an income, as pitiful as it was the last three years.

[NSH]

JGT, who says you can't have your taxes discharged? I used to think so too, but that is an urban legend and you absolutely can have them wiped away as long as they meet a certain set of conditio9ns for income taxes. There are plenty of threads in this forum talking about that. ;-)

Yeah and what you say about breaking in versus seizing parked cars makes perfect sense, dude. Thanks!

[JGT]

Hey NSH. yes your taxes cant be discharged because of BK. What I wanted to know from you though is were you saying someone told you that you have to file for the past 3 years before BK? What if someone didn`t make any money in that time (like me), there is nothing to report to the IRS so why file?

Also, why was that link deleted? OK I`ll PM it to you. Yeah I tell you, I felt like an idiot talking to this lawyer this morning, it was so obvious. The Marshal letter states he has a lein on your property but nowhere in that letter does it state he can break into your house or do you have to let him in. If you have a car on a public street, that`s quite a different story as he can tow that which is what they WILL do, he told me they check DMV records for your car make and license plate then they drive around your neighborhood looking for it and then tow it, but they DO NOT break into your house unless they have a warrant. Warrants are issued by Judges primarily if the public is put at risk, such as a suspect gun runners, murder suspects, terrorists, drug transports, but for someone who is behind in CC`s? No way! I feel like an idiot because I could have saved myself a lot of aggravation and money.

[NSH]

No, my back taxes I want to discharge are all personal not business taxes.

[momisery]

Make payment arrangements. Have you ever considered taking a class on taxes? You might be able to have some help from family, but do it yourself? I am not sure the IRS will help you much with business, but then I prefer to know a little about taxes rather than letting "them" figure it for me. Once you are done, maybe the IRS will settle too so you will owe less. Good luck

[NSH]

This actually makes a lot of sense, JGT. I wish that an admin had not deleted your link, though, because I never got to read it. Maybe you can PM me the link?

Oh, and did you find a lawyer to handle BK? Because I am still looking for one and talking/interviewing them. Oddly enough, the vast majority of them are telling me that taxes cannot be discharged! So obviously I am like, "I'll call you back. <click>"

[JGT]

Oh yes he also said not even my landlord can come into my apartment without my permission and he OWNS the place. He said he`s had cases where a landlord was caught entering an apartment of someone he wanted evicted and the Judge got so pissed off at that they gave the tenant a YEAR free rent! Incredible!

[JGT]

Backtoschool, I just got off the phone with another lawyer my brother put me in touch with. The guy was laughing because he says people ask him this all the time. He put it to me this way; He said why would a Marshal go through all the trouble of getting a warrant, breaking the door in for an Xbox? He said then my apartment would be left unsecured after they left open to theft and they could sued. A judge would never allow that based on guess work. He said it`s hard as hell just to get a warrant for drug dealers, why would a Judge give it for someone who owes a CC $3000 bucks? It`s scare tactics. But he also said if you want to stop them coming to your door just pay them off or declared bankruptcy.

[JGT]

NSH this whole Marshal stuff is BS, it`s scare tactics. Listen I just got off the phone with another lawyer....He told me to read what the execution says; It says they put a lein on my possesions but nowhere on that letter does it say they can break into my house or I have to let them in when they come. All it says is they have a lein and THAT`S IT! It doesn`t say they can break into your place or that you have to let them in.The only way they can get in is if they get a search warrant and a Judge never grants that in cases like this (I`ve been searching since April and I couldn`t find one single case) All they can do is come to your door and ask for money or something of value, but YOU DO NOT HAVE TO LET THEM IN. Now I`m really pissed because I got conned out of a few bucks by a lawyer when I got that first exec

[backtoschool]

NSH....GOOD NEWS!! Read this!...........

[url link removed by admin]

The lawyer in this link is not saying anything that hasn't been described in full detail here and is also not really answering the full question.

Typically lawyers from the sight you linked to, are answering questions in a surface way in order to drum up business, and should not be taken as binding legal advice.

I would not base any decisions on the answer you linked to.

[JGT]

NSH....GOOD NEWS!! Read this!...........

[url link removed by admin]

[NSH]

From what I have been hearing, I cannot even begin the BK filing process until I have filed my taxes. Believe me, if that is an option, I would do it in a heartbeat. It would be absolutely AWESOME if I can get a lawyer who could get all thye creditors off my back and then I can file my taxes over the next month or two while I waited for whatever hearings are coming.

Sadly, I don't think a lawyer would do that.

[outsidetool]

I'd be filing BK ASAP. Taxes filed or not, and let the process of BK take care of it all.