QUESTION
Can I file bankruptcy on IRS and if they are threatening to take my wages and vehicle, should I let them know I'm filing?
Asked on Oct 09th, 2015 on Bankruptcy - Ohio
More details to this question:
I had my consultation visit with an attorney, just starting to save money to get the process started and I got a notice from the IRS. They are going to start garnishment at my employer and take all of my property. Should I call them and let them know I am filing?
8 ANSWERS
Bankruptcy Law Attorney serving Austin, TX
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Law Office of Susan G. Taylor
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Do not do anything until you work with a professional, preferably an attorney, who can advise you about the dischargeability of taxes.
Answered on Nov 20th, 2015 at 4:31 AM
Since the lawyer you met with has all your information, call him or her for their advice. The threat of filing BK normally will not stop the IRS.
Answered on Oct 15th, 2015 at 5:27 PM
No creditor is going to believe you when you tell them that you are going to file bankruptcy. Every creditor has heard that story so many times from people who never follow through, and the IRS is nobody's fool. Either you file and have a case number which protects you from every creditor, including the IRS, or you have not filed, have no case number, and have no legal protection. Get with the program and work with your attorney.
Answered on Oct 15th, 2015 at 12:38 PM
In some cases, IRS debt can go away but there are strict requirements.
Answered on Oct 15th, 2015 at 8:52 AM
They won't stop until they have actual notice of the filing. Liens on property will survive the BK by the way, so I would file ASAP. Also, hopefully your attorney explained that only old IRS debt can be discharged.
Answered on Oct 15th, 2015 at 12:36 AM
Unfortunately, you need to actually file bankruptcy before you can stop them. If you file a chapter 13, you don't have to pay much money up-front. Go back to the attorney you saw and tell them this new development. If they don't take emergency action to protect you, find another attorney who will.
Answered on Oct 15th, 2015 at 12:36 AM
Bankruptcy Attorney serving Seattle, WA
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The Law Office of Marc S. Stern
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Some taxes are dischargeable. Some are not. Before you do anything talk to a competent bankruptcy/tax lawyer.
Answered on Oct 15th, 2015 at 12:36 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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No, I'd advise you not to tell any creditor in advance that you are filing bankruptcy. Instead of slowing them, it would encourage them to file faster. You should contact them and talk about making payments, called an installment agreement. The IRS doesn't usually start an enforcement procedure when a taxpayer is cooperating with them.
Answered on Oct 15th, 2015 at 12:34 AM