[CNYBBA-LISTSERV] IRS Collections

[mcmarans at aol.com]

I guess it depends if you consider an IRS lien a jusdicial lien. 
 
Michelle 

 
 
-----Original Message-----
From: taraujo at bodowlaw.com
To: cnybba at cnybba.org; mswimelar at cnytrustee.com
Sent: Tue, 18 Jul 2006 10:36 AM
Subject: Re: [CNYBBA-LISTSERV] IRS Collections


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
This email is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521 This message may contain attorney/client privileged information and is intended only for the individual or entity to whom it is addressed. This message may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the intended recipient, or their employee or agent, you are hereby notified that any dissemination, distribution or copying of the communication is strictly prohibited, and you are requested to please notify us immediately by telephone at (315) 422-1234 and return the original message to the sender. Thank you.



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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