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JoeLawyer
JoeLawyer, Attorney
Category: Bankruptcy Law
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Experience:  Attorney in the practice of Bankruptcy Law since 1996
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I recently filed bankruptcy in ct my house is included in ...

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I recently filed bankruptcy in ct my house is included in the bankruptcy. I just recieved a tax bill from IRS 16000 back taxes from 2006. The house has not been forclosed on yet will IRS put lean on house or will they want me to pay the taxes.
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  JoeLawyer replied 8 years ago.

Hi Poore:

It is up to the IRS whether it files a lien on the real estate, though of course it may be helpful to you if the IRS does since some of the taxes may then get paid when the house is sold at foreclosure sale (assuming you surrendered the home in your bankruptcy, which I assume "included in bankruptcy" means you did, though technically even homes that the debtor keeps are included in the bankruptcy but just reaffirmed). You would have to contact the county auditor or recorder (they may bounce you around a little bit since states and counties vary) for the county in which the real estate is located to see if the IRS filed a lien.

In any case, generally income taxes that are less than three years old are non-dischargeable in bankruptcy pursuant to 11 USC 523(a)(1), so the IRS will likely continue to pursue income tax liability from the tax year 2006 from anyone who files bankruptcy in 2008. In fact, the three years is generally deemed to be three years from when the taxes were due, so since 2006 taxes are due April 15, 2007, those taxes are not generally dischargeable in bankruptcy until April 16, 2010, and even only then if other requirements of 11 USC 523(a)(1) are met.

Sorry I did not have the best news for you, but I thought you would appreciate honesty more than fluff.

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