Legal Question in Bankruptcy in Texas

Chap 7, Can Tax Lien be removed?

We are considering filing Chap 7. IRS taxes from 91-94 total 40,000. Tax Lien on 91, 92 & 93 issued. We have conflicting information from two lawyers, one says for an additional 600 she can "avoid", therefore remove the lien. The other says only way to "dissolve" a lien is to pay or settle with IRS. This will be the deciding factor on whether we file, or whether we hold our breath and pray.......and never own property or send our children to college, etc......any advice or assistance is greatly appreciated.


Asked on 4/21/98, 1:09 am

1 Answer from Attorneys

Daniel Press Chung & Press, P.C.

Tax lien in Ch. 7

More facts are necessary. In a Ch. 7, generally liens cannot be stripped UNLESS they impair exemptions and are either judicial liens (judgments) or non-possessory, non-purchase money liens on certain personal property (household goods, tools of the trade, etc.). There is some authority that a lien can also be stripped off if there is no equity in the property to secure it (i.e., the prior liens add up to more than the value of the property), but this is a hotly contested issue and not a sure thing. In a Chapter 11 or 13, a tax lien generally can be stripped down to the value of the property. In any event, once you file, the lien will not attach to any property you did not own at the time you filed, so you can indeed buy another house later w/o worrying about the tax lien.

Note that your income '94 taxes, if filed on time, w/o extension, are likely dischargeable now.

You really need to see a bankruptcy lawyer in your state that knows what he or she is doing. This is not simple stuff. I believe Texas has board certification in bankruptcy law, so at a minimum look for someone with that certification.

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Answered on 5/10/98, 8:21 pm


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