QUESTION

If I purchased a tax lien, is it dischargeable in a chapter 7 bankruptcy?

Asked on Jun 03rd, 2015 on Bankruptcy - Michigan
More details to this question:
We have a couple of tax lien certificates and the owner of the property has filed chapter 7 bankruptcy. I cannot find a definite answer of whether or not the tax lien certificates would be dischargeable in chapter 7.
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5 ANSWERS

Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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A tax lien is dischargeable in a Chapter 7 bankruptcy, which means that the property owner cannot be personally sued to collect it. But Chapter 7 does not affect any lien so you will still be able to obtain payment from the property to collect the amount of the lien.
Answered on Jun 04th, 2015 at 11:08 AM

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My educated guess is "no", they are not dischargeable in a BK filing. You would be well advised to speak to an experienced lawyer face to face about your situation. Any one buying these tax liens is an investor. As an investor, you should invest money for the knowledge to protect yourself. Now is not the time to skimp!
Answered on Jun 04th, 2015 at 11:07 AM

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Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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Tax lien certificates are usually not dischargable in bankruptcy. Because they are liens against real estate and come before mortgages and other liens. Unless you have the rare case and the underlying real estate is worthless. Your tax lien certificate will be paid out of the foreclosure of the real property.
Answered on Jun 04th, 2015 at 5:13 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Doubtful, the tax lien should have a security interest in the land which should Bebe enforceable even in the event of bankruptcy.
Answered on Jun 03rd, 2015 at 7:26 PM

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As you may imagine, this is more complicated than it looks. I?d suggest consulting an experienced bankruptcy lawyer, who can review the facts in greater detail than can be done on this site. One important question is whether the Chapter 7 will have any money or property to distribute. Something paid on the tax lien might succeed in extinguishing all of it. As a very general statement, duly perfected liens survive a bankruptcy. But I don't think it's clear whether you acquired the tax collector's priority in payment. Consult a good lawyer. Good Luck.
Answered on Jun 03rd, 2015 at 7:26 PM

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