Bankruptcy Louisville Kentucky Avoiding Tax Liens 
Income Tax liens and judicial liens where you have been sued can be avoided in bankruptcy if you have little or no equity in your property.  This requires an appraisal and extra work on the part of your attorney. 

Income tax liens attach to personal and real property.   If you are planning a Chapter 13 to repay an Income tax lien you must repay the equity within the 5 year plan.

 
 
 

 

 

Nick C. Thompson

800 Stone Creek Parkway Suite 6

Louisville, Kentucky

40223

(502)625-0905

Secretary 0903

Fax          0940

 

 

Bankruptcy Louisville Kentucky Avoiding Tax Liens See our Tax Bankruptcy Blog

Download our Book on How to file Chapter 7 13 Bankruptcy. Bookmark or link to our website.  For specific information on how to bankrupt income taxes see our How to Bankrupt Income Taxes power point or How to file Bankrupt Income Taxes Blog.
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Did you know that liens on your home and property can be avoided in Bankruptcy!

Often a bank or a creditor will attempt to garnish your wages, attach your home or foreclose.  You may have a wage garnishment as the result of a lawsuit.  You may even have a furniture lien as collateral by a finance company without your knowledge.  Second mortgages can be eliminated if they have no equity in the property and often lenders even fail to properly record car liens within 10 days and car liens can even be avoided. 

You may be able to avoid liens on your home or property when you file a bankruptcy, if you tell your attorney you need this done. Normally consensual and judicial liens can be avoided by language a Chapter 13 plan or by a 522 f motion to avoid the lien.  Income tax liens must be handled differently since they are statutory liens.  Normally an offer is made to value tax liens.   Since the income tax lien attaches to both personal and real property now is not the time to overvalue personal property.

Bankruptcy can offer a way to avoid the a on your home if a creditor has attached your home and is threatening to sell it.  Our Bankruptcy Manual tells you exactly how to avoid liens by filing bankruptcy.  Liens from a finance companies on your furniture can often be avoided in bankruptcy by filing a 522 f motion.   If your wages or bank account has been garnished you may be able to get that money back.

Did you know that personal income taxes can be bankrupted after just three years after the return became due as long as you have filed your taxes properly and have not had any tax assessments for that tax debt within the 240 days?  But to avoid an income tax lien on your property you must normally file a Chapter 13 and repay what you claim is the equity you have in real and personal property.  For detailed information on how to bankrupt income taxes see our How to Bankrupt Income Taxes power point or How to file Bankrupt Income Taxes Blog..  If your tax lien is over 10 years old the statute of limitations has probably run here is the form to release the lien

Local Kentucky Bankruptcy Rules allow you to avoid a foreclosure if you can repay the arrearage on your home within 3-5 years within a Chapter 13.  In Indiana and other states Chapter 13 Bankruptcy rules are often more liberal.   But all states have similar bankruptcy rules.   

The Bankruptcy Manual discusses how to avoid liens including tax liens.   Download your free copy. The Bankruptcy manual is for informational purposes only. The Bankruptcy Manual comes in rtf format for word or WordPerfect, pdf for adobe, or you can download the audio.

 

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