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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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FILED BANKRUPTCY FILED CHAPTER 7 ON 12/2/2009 LOS ANGELES,

Resolved Question:

FILED BANKRUPTCY FILED CHAPTER 7 ON 12/2/2009
LOS ANGELES, LOS ANGELES COUNTY CALIFORNIA
NO CLAIMS, NO OBJECTIONS ON MEETING OF CREDITORS
DISCHARGED ON 4/12/2010
CLOSED ON 4/26/2010
IRS AND FRANCHISE TAX BOARD HAVE NOT DISCHARGED QUALIFIED DEBTS NOR TAKEN OFF TAX LIENS.
WHAT CAN I DO TO ENFORCE THAT?
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  Phillips Esq. replied 6 years ago.

Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.

 

What do you mean by "qualified debts?"

Customer: replied 6 years ago.
ALLOWABLE DEBTS UNDER 523 CODE TO BE DISCHARGED IN A WAY OF TAXES AS LONG AS FILED AT LEAST 2 YEARS BEFORE THE FILING DATE AND CORRESPONDING TO AT LEAST 3 YARS OR OLDER.
Expert:  Phillips Esq. replied 6 years ago.

Thank you for the additional information.

 

I will opt out and give another Expert the opportunity to comment on your post.

Customer: replied 6 years ago.

THANK YOU,

 

FV

 

Expert:  cfortunato replied 6 years ago.
HiCustomer
In general, a Bankruptcy will not remove a tax lien from property that has already been attached before the Bankruptcy was filed, and will only discharge unsecured tax debt.
Additionally, when a Bankruptcy is discharged, it is specifically stated on the discharge paper that "dischargeable" debts are discharged. The court will not specify which listed debts were and which debts were not discharged. (There is an optional available motion that can be made within the Bankruptcy process to do this.)
Customer: replied 6 years ago.

SPECIFICALLY, WHAT DO I NEED TO DO TO ENFORCE IRS AND FRANCHISE TAX BOARD TO DISCHARGE UNSECURED TAX DEBT?

 

WHAT IS THE MOTION WITHIN THE BK PROCESS TO DO THIS?

 

THANK YOU,

 

FELIX VALDELAMAR

Expert:  cfortunato replied 6 years ago.

It should be sufficient to send them a copy of the Bankruptcy discharge papers.

The motion is called a "Complaint to Determine Dischargability of a Debt".

Customer: replied 6 years ago.

CHRISTINA,

 

I WANT TO MAKE SURE YOU GOT PAID ON THIS ANSWER BECAUSE I WAS SATISFIED WITH YOUR ANSWER BUT I DON'T REMEMBER APPROVING IT.

 

PLEASE ADVISE.

 

THANK YOU,

 

WWW.FELIXVALDELAMAR.COM

Expert:  cfortunato replied 6 years ago.

HiCustomer

If you would like to approve my answer, you just have to hit the "ACCEPT" button (which has not yet been done).

Thank you!

cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience: Bankruptcy professor.
cfortunato and other Bankruptcy Law Specialists are ready to help you