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Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 30903
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I filed a ProSe Chapter 7 that was discharged in November 2012

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I filed a ProSe Chapter 7 that was discharged in November 2012 as a "no asset" case. At the time of filing, there were 2 federal tax liens on my credit report that total $44K that were filed in 2005. In 2005 when the tax liens were filed, and up until now I have not owned any real property so the liens are not against any property. I've read that a chapter 7 discharge wipes out your personal obligation to pay the debt, and prevents the IRS from going after your bank account or wages, and need to know if that's accurate. If so, will the liens stay on my credit report for 10 years from the 2012 discharge? If not, what happens with these liens on my credit report?

Kirk Adams : Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney. Thanks for your question. I'll be glad to assist.
Kirk Adams : The bankruptcy discharge can relieve a debtor of his/her obligation to pay the debt, BUT the lien is still there, and it would still attach to real property (if any is owned).

Hi Kirk,


Thank you for your response. So am I correct in that the liens will just stay on my credit report until the bankruptcy drops off in 10 years? In the meantime, if I were to be placed on the title/deed of any real property let's say today/tomorrow, could the liens attach to that property now after the fact?

Kirk Adams : Yes, the tax liens can remain on your credit report just like any other debt - - and there would be a notation that the debt was discharged.

Ok, and thanks!

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