[CNYBBA-LISTSERV] IRS Collections

[Ted Araujo]

Can a 522f motion be brought in that circumstance to remove the levy?

 

Theodore Lyons Araujo
Attorney at Law
Bodow Law Firm, PLLC
1925 Park Street
Syracuse, New York 13208

Telephone (315) 422-1234
Facsimile (315) 422-9113

taraujo at bodowlaw.com

www.bodowlaw.com

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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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