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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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Texas property code-Section 52.042. Discharge and cancell

Customer Question

Texas property code-Section 52.042. Discharge and cancellation.  How do I prove to the debt collector that the lien was canceled at chapter 13 discharge of the property taxes?  The lien was supposed to have been canceled but still shows.
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 2 years ago.
Hi JACustomer,
Have you notified the county taxing authority that the debt and lien were discharged in your Bankruptcy, and have you requested that the county taxing authority therefore remove the lien?
Customer: replied 2 years ago.
Yes notified directly and to their tax collector attorneys who claim cannot collect tax due to discharge but can take the property because of the lien to which I say is not their because of Texas propery code section 52.042 cancelling without further action in any court. All this in writing but they totally ignore 52.042.
Expert:  cfortunato replied 2 years ago.
I don't know how you can get the tax collector to honor Texas Stat. 52.042, so I am going to opt out of this question.
Customer: replied 2 years ago.
Yes notified directly and to their tax collector attorneys who claim cannot collect tax due to discharge but can take the property because of the lien to which I say is not their because of Texas propery code section 52.042 cancelling without further action in any court. All this in writing but they totally ignore 52.042. Can another expert have response last expert opted out of question? Thanks,
Expert:  cfortunato replied 2 years ago.
Your question is available for the other experts to answer.
Customer: replied 2 years ago.

I hope other Experts will have answer. Aren't the collectors in violation of federal bankruptcy discharge and since it is an order of a federal Judge; wouldn't a licensed lawyer not neccessarilly have to be licensed in Texas to see that they comply with the federal discharge? The actual wording of Texas Property Code-Section 52.042: Discharge And Cancellation: (a) A judgment is discharged and any abstract of judgment or judgment lien is canceled and released without furthef action in any court and may not be enforced if: (1) the lien is against real property owned by the debtor before a petition for debtor relief was filed under federal bankruptcy law; and (2) the debt or obligation evidenced by the judgment is discharged in the bankruptcy. This was enacted in September,1997 which was prior to my chapter 13 proceeding.

 

I am not a lawyer, but have informed them that I believe they are violating the discharge. There response is that they cannot force collection of the debt but can take the property and will take the property because of the judgment lien. What can I do to prevent that from happening, since they totally ignore that they are in contempt of federal court by violating the chapter 13 discharge order and Since the discharge of debt is by a federal judge, and the lien would be canceled by the same discharge in texas because of the Texas property code section 52.042. Thanks for any help,

Expert:  cfortunato replied 2 years ago.

They are not dishonoring the Bankruptcy discharge - which does not remove any liens unless a lien avoidance proceeding is filed while the Bankruptcy is in progress.

They are not honoring the Texas statute.

Customer: replied 2 years ago.
Sounds like you are contradicting your first response several hours ago that you did not know how to help me. I know enough to to believe you had it right then that you did not have the special knowledge to give good answer and still believe it. I just added more info. please read it and if you still stand by the above very wrong answer then don't bother taking your time. The issue is rather unusual and most lawyers likely would not have a fast answer. Others might read the question and allready know the solution. Then if you happen to read their answer, you will agree that we who don't know it all, learn something new every day.
Expert:  cfortunato replied 2 years ago.
I do not know how to help you, because I do not know how to get a taxing authority to honor the Texas Code. I have not contradicted my response.
Customer: replied 2 years ago.
Relist: Inaccurate answer.
The first answer the expert gave several hours ago was that he did not know the answer and he opted out. Then he suddenly appeared again with a bad answer which actually contradicted the reference info I had posted earlier. This type of misinformation was one of the reasons Texas Property Code Section 52.042 was enacted and is what the question and additional posted info is about. I allready responded to his bad answer and asked for another expert. Someone likely will have had experience about such matters.
Expert:  cfortunato replied 2 years ago.

For clarification, I explained that the Texas Taxing Authority is not dishonoring the Bankrutpcy Code, they are dishonoring the Texas Statute. There is nothing similar to the Texas Statute in the Bankruptcy Code.

There is a major difference between the 2 separate and distinct sources of law - Bankruptcy Code and Texas Statute.

I did not give an incorrect response.

Customer: replied 2 years ago.
I Would like other experts to read my questions about what to do to stop collectors threatening to take real estate propery in violation of Chapter 13 discharge order and also violating Texas Property Code Section 52.042 which discharges and cancels and releases any abstract of judgment or judgment lien without further actiion in any court if: (1) the lien is against real property owned by the debtor before a petition for debtor relief was filed under federal bankruptcy law; and (2) the debt or obligation evidenced by the judgment is discharged in the bankruptcy. Please notice two key elements of the issue which are also facts. That will help with your answer because they are without question: (1)Without further action in any court (any court would also include no further action in any bankruptcy court.) The words further action are used in the 52.042 section, because the bankruptcy action is past action and would be what brought about the potential of using some further action like the state property code which is an underlying factor not considered prior to the discharge. The words releases any abstract of judgment or judgment lien means those things were allready released at discharge due to the 52.042; so why would further action in any court be neccessary unless to prevent the naive from attempting to enforce something like a judgment lien which is non-existent due to the Texas Property Code Section 52.042. When The Texas Legislature enacted this law in 1993, many others had attempted such forms of protection for propertiy owners since 1929. I believe the lawyers who likely will be more familiar with such rules of law will be those who are debtor attorneys as opposed to creditor attorneys. Often without this type of protection the discharge in a chapter 13would not give a completely fresh start to the debtor. I hope someone is expert in this and can answer. Thanks,
Customer: replied 2 years ago.
Relist: Other.
I was in agreement with his first answer whether or not I stated completely that he didn't know the answer, though it was good that he wanted to opt out. I thought that he had opted out. If he hasn't can anyone in staff ask that he do that so that others can try. I hope that other experts will see all the detailes to question and concerns I have presented. I don't have time to keep going over these things. Please Staff Just email your suggestion of what ever. I am not too familiar with all your rules, but I am learning. now please let someone else start from beginning or at least have access to all my posts. Thanks
Customer: replied 2 years ago.
Relist: Other.
Let me know when I have a different expert. Thanks,

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