[CNYBBA-LISTSERV] IRS Collections

[Balanoff,Michael J. MJB]

That is my understanding as well.

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From: cnybba-bounces at cnybba.org [mailto:cnybba-bounces at cnybba.org] On
Behalf Of Richard Ruswick
Sent: Tuesday, July 18, 2006 9:33 AM
To: mswimelar at cnytrustee.com; Central New York Bankruptcy Bar
Association
Subject: Re: [CNYBBA-LISTSERV] IRS Collections


Mark:
 
I want to clarify a point you made.  If there was a warrant filed, the
discharge would be effective (assuming the taxes were of the
dischargeable type) but the IRS would still have a lien on whatever
property the debtor held at the time of the banrkruptcy.  I don't think
the IRS could try to collect against post-petition income or property
acquired post-petition.  Is that right?
 
Dick Ruswick

Mark Swimelar <mswimelar at cnytrustee.com> wrote:

	Maybe the IRS filed a warrant and that would make them a secured
creditor. If they are secured the discharge wouldn't apply to them.
(It's called a warrant or levy, I can never remember.) You might want to
call Bill Larkin at the US Attorneys Office. He's always helpful. Or
Robert Lusicak or Sandy LaPlante at the Utica IRS office. That number is
793-8165. I guess I'd call Bob or Sandy first since they can pull this
stuff up and probably give you a quick answer. Mark  

________________________________

	From: cnybba-bounces at cnybba.org
[mailto:cnybba-bounces at cnybba.org] On Behalf Of Susan Esce
	Sent: Saturday, July 15, 2006 2:13 PM
	To: 'CNYBBA'
	Subject: [CNYBBA-LISTSERV] IRS Collections
	
	
	I was recently asked about the IRS trying to collect for old
(some going back to the 80's) income taxes in a discharged no-asset
chapter 7.  The IRS was listed.  It was my understanding that taxes that
were more than 3 years old and had been timely filed were discharged.
This isn't the first time I've heard this complaint and it makes me
wonder, on what is the IRS relying in trying to collect these?  Any
recommendations on dealing with the IRS under these circumstances?  
	 
	Susan N. Esce, Esq.
	Attorney at Law
	10 Adler Drive
	East Syracuse, NY 13057
	315-431-0736
	Fax: 315-437-9462
	escelaw at cnymail.com
	 
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