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dylatess
dylatess, Attorney
Category: Bankruptcy Law
Satisfied Customers: 5155
Experience:  37 plus years of experience specializing in bankruptcy law
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Hello, for some reason my BK attorney is hesitating to file

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Hello, for some reason my BK attorney is hesitating to file the 522(f) motion asking the BK court to the remove the tax lien on my house for back property taxes. He agrees that my BK releases personal liability of the taxes but he says the taxes still stay with the house. I am going to call him tomorrow to see why he hasn't filed this 522(f) yet. My trustee meeting is on Friday.

I have negative equity in my house and I have back taxes that are more than 1 year old. So according to the BK law, and a few other attorneys I have talked to, this automatic lien can be released.

Does this have to be filed before the trustee meeting? Can I file this myself if for some reason my attorney won't do it?

Thanks for your help!
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  dylatess replied 5 years ago.

The first meeting of creditors is the time where the trustee reviews your petition. But the motion does not have to be filed by then and often is not. It just has to be filed before the discharge of debts is entered. Note, you can do it yourself but i do not recommend it as there are local rules that have to be followed. So hopefuly you and your attorney can work out any differences. But perhaps the hangup is because filing such a motion is typically not part of the initial BK fee.

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Customer: replied 5 years ago.
Thank you - do you agree that based on what I told you that the 522(f) can be filed and the automatic lien removed from my house for the back taxes?
Expert:  dylatess replied 5 years ago.
I agree that the lien should be removed as it impairs your homestead exemption. But also understand that the underlying obligation to pay your property taxes is not a dischargeable debt.

Because I help people like you here, for a living---this is not a hobby for me---I sincerely XXXXX XXXXX abiding by the honor system with regard to Accepting answers, by Clicking your ACCEPT button now. Otherwise I do not get paid anything at all. BONUS and POSITIVE FEEDBACK are also appreciated An Accept also assures that I can assist you again. I wish you the best in your future.

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