Legal Question in Bankruptcy in California
help!!!
my husband and I are on disability. He is 58, I'm 54. We have received notice of a lein placed by the IRS. We are also in debt and want to file bankruptcy. We need to resolve these issues so these people will leave us in peace. What are our options?
1 Answer from Attorneys
Re: help!!!
There is not enough information to give you options specific to your matter.
However, if you own a home, there is only a limited amount of equity that you will be allowed to keep in a bankruptcy proceeding, and it may be for the best to tap any equity in the home through refinance or sale of the home.
If the taxes have been owing for more than three years, they may be dischargeable, so long as you had filed the return when due, and if you do not own a home, it may be for the best to wait until enough time has passed to file a bankruptcy in order to obtain a discharge on the taxes.
You do not state how much you owe in addition to taxes. I would advise that you contact a bankruptcy attorney in order to get more specific answers to your needs.
Since you are on disability, your other creditors may not be able to collect because they cannot attach your disability payments. If you do not own anything of significant value, you may be judgment proof.
You may also be able to do an offer in compromise on the taxes owed to reduce them to a reasonable amount. I have been successful with the IRS and the State of California in reducing taxes owed through offers in compromise and through payment arrangements.
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