QUESTION

Why did we receive a Certificate of Release of Federal Tax Lien and what do we do?

Asked on Aug 25th, 2015 on Bankruptcy - New Jersey
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My husband owes taxes for years 2010 and 2011. Last year we filed for chapter 7 bankruptcy and included his tax debt with the other debts. Today he received a Certificate of Release of Federal Tax Lien. The certificate states the last date to refile is in 2017. Does this mean his tax debt was discharged? Does he still owe money? Will we finally get our federal refund this year?
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4 ANSWERS

Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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Tax debts are dischargeable 3 years after the return is filed. If the 2010 return was filed on time, the 3 years would have expired in April 2014. The 2011 debt isn't discharged because the 3 years would have expired in April 2015.
Answered on Aug 25th, 2015 at 7:00 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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The release of the tax lien is a preliminary decision the IRS made that means it will not look to your property to collect its tax debt. It is not a permanent decision, nor is it evidence that this tax debt was discharged by your bankruptcy. It does not mean you will receive a tax refund next year, if eligible. In short, this notice tells you very little at all.
Answered on Aug 25th, 2015 at 6:18 PM

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I think all you can know for sure is that the feds no longer claim a lien on your property. The existence of a tax debt, however, may not be affected. In other words, they probably can demand the money from you, but not foreclose on your homestead. Consult your bankruptcy lawyer. If you did not have one then, consult one now.
Answered on Aug 25th, 2015 at 2:57 PM

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General Law Attorney serving Cherry Hill, NJ at Mark S. Cherry, Attorney at Law, PC
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Release of the lien does not necessarily release the tax. It appears as though the tax was probably released. You should contact the IRS and get a transcript for the years in question.
Answered on Aug 25th, 2015 at 2:35 PM

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