Englishtown, NJ asked in Bankruptcy for New Jersey

Q: Can I file Chapter 7 for IRS back taxes that I owe? The IRS wants to put a Levy on m property and seize my assets. Will

Will this stop the IRS from seizing my property??

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4 Lawyer Answers
Michael David Siegel
Michael David Siegel
Answered
  • Bankruptcy Lawyer
  • New York, NY
  • Licensed in New Jersey

A: If you never filed the returns, then no. File the returns, and do an offer in compromise to settle the amount.

David Earl Phillips agrees with this answer

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Bankruptcy Lawyer
  • Clifton, NJ
  • Licensed in New Jersey

A: Your tax returns would have had to been timely filed 3 or more years prior to filing the Bankruptcy and an Adversary Proceeding would also almost certainly be required. Chapter 7 Bankruptcy is not simply filling out forms. Trying to handle this matter yourself is not wise. You do not know the USBC, you do not know the local rules of Bankruptcy and if there was an adversary proceeding started against you, or an objection filed to your plan, you would be like a deer in the headlights. To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation with an experienced bankruptcy attorney.

Mark Bredow
Mark Bredow
Answered
  • Bankruptcy Lawyer
  • Bloomfield Hills, MI

A: Yes. You can file a Chapter 13 case and cure your tax delinquencies through your Court Approved Plan. You will have to file all returns that have become due at the time you file your bankruptcy case. You may be able to discharge some tax debt, if you filed returns timely for the tax years you owe, and other technical requirements are met.

You may also be able to file your returns and submit a written offer in compromise to the IRS, if accepted, the IRS would hold off on any levys.

Stuart Nachbar
PREMIUM
Stuart Nachbar
Answered
  • Bankruptcy Lawyer
  • Livingston, NJ
  • Licensed in New Jersey

A: A chapter 7 will not automatically do it, but filing a Chapter 13 where you repay through the Plan will

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