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    More questions on old filing

    If you read my previous post, you know that I
    Filed 10/13/05
    Discharged 2/13/06
    Closed...119 days in status
    I just checked Pacer for the first time in 3 months or so (remember when we were checking it every day and sometimes more often?) Well there has been a lot of activity going on of which I was unaware.
    A notice was sent out to all creditors to petition if they wanted a piece of the assets which were coming in. Surprising to me, none of my major credit cards even applied. The list was something like
    Penneys, Bergners (dept. store), Famous Barr (same), QVC, IRS, IRS and IRS.
    When i filed the IRS had two liens against me. One was due to come off in Jan and did and they did not refile it within the 20 day period. The other was due to come off sometime around May 20th. I was waiting to find out the status of this until I was sure that they would not be "reminded ot tipped off" by my inquiry until after the time for automatic re-filing was past.
    Now in reading through the pages on Pacer, I find that part of the amount the IRS requested to be paid on was "disallowed since it was a secured claim"
    The amount is about $2900.
    I have only filed an extension for 2006 since I was due to get a refund and wanted the liens off before I got the refund. Now I don't know what to think.
    I will call the county recorder's office tomorrow to check if the lien has been removed, but wanted your thoughts on this. (BTW, no the Trustee did not ask for my refund).
    Does it sound to you like the IRS can still come after me for this amount. All back taxes met the rules of having been filed and being old enough to be included in the BK under the old law. My atty. said at the time, "Don't worry about the liens. They prob. won't renew them and if they do, we can fight them at that time.
    I am so tired of this. BK was a necessary and helpful thing, but having my income cut by 55% the first year and then 1/3 more this year really hurts...and do I even have to mention the rising costs of Dr.'s, specialists and prescriptions?
    Sorry, I've been gone so long, but would still appreciate any advice. Art

    #2
    Gosh, Art. I don't know.

    I always thought of you as the resident "tax specialist".

    Also, we get so used to always having bad things happen that it's incredulous when something good does come our way.

    This could be one of those "good for you" times.

    Scarey! Isn't it??!!
    Filed Ch 7 - 09/06
    Discharged - 12/2006
    Officially Declared No Asset - 03/2007
    Closed - 04/2007

    I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

    Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

    Comment


      #3
      I checked with the county recorder and the tax lien has not yet been removed, It was filed on May 20, 1996 and I'm 99% certain that they carry a 10 year time period. The young man who helped me was very courteous, but not very knowledgable. He did tell me that the only date that he saw on there was a final date to refile and that was Jan 24, 2006.
      My guess is that the lien is no longer valid and they have just not gotten it removed yet. He said that I would have to contact the IRS and ask them to remove the lien, but I think that I will check my facts and then write the County Recorder. Art
      P.S. Sinking Fast, If I was the resident "tax expert", it certainly wasn't because I wanted to be, I just had lots of personal experience! Hope you're doing well.

      Comment


        #4
        You're still pretty close for the paperwork to get caught up for a 10 year time period--look how long it takes for some cases to be update in PACER.

        The trustee might not have asked for your refund since they thought the government would take it from you first?? Just a thought.
        *** THIS IS NOT LEGAL ADVICE--ONLY A LAWYER CAN PROVIDE THAT. ***

        My posts represent hours of research on and off the web, these forums, my experience, and my opinions.

        Comment

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