Q: Homestead laws and tax liens, can tax lien be done on homestead home/property?

A: Generally, you can remove a judgment lien in bankruptcy if it impairs your homestead exemption. Unless the lien results from a judgment, It generally can't be avoided in bankruptcy. For example, liens resulting from loans, tax liens, mechanics liens and other similar liens attached to the property and are not discharged or avoidable in bankruptcy.

A: 1. Liens are not impacted by a bankruptcy discharge and therefore remain in effect following a discharge.

2. As decided by the U.S. Supreme Court, a homestead exemption does not protect you from an IRS lien. In other words, the IRS can reach the equity in your home that other creditors cannot touch.

A: There is an interplay between federal bankruptcy law and statutory provisions, and the law of the State about property rights. Generally speaking, current State law determines the nature of property interests of the debtor and creditors. Bankruptcy Code statutes (e.g., Sec. 506) appear to provide for a reduction or removal of liens against property of the bankrupt estate, but Justice Thomas, in two written opinions for the majority of the Sup. Ct., has largely forbidden such reductions.

There are Bankruptcy Code provisions concerning the dischargeability of debts for taxes, which also impact the foregoing. E.g., outstanding balances for unpaid taxes, where tax returns have been timely filed, are dischargeable in bankruptcy when more than two years and four months have expired before the bankruptcy filing. But note that that doesn't apply to perfected liens.

The beauty of a Ch. 13 filing is that arrearages in a home mortgage, or other liens against the residence, can be paid through a confirmed payment plan at no interest.

As always, take the time/expense of consulting with an experienced attorney authorized to practice in your jurisdiction to determine your best path forward.

A: Homestead laws, which vary by state, provide a degree of protection for a person's primary residence against certain types of creditors. However, these protections often do not extend to tax liens. If you have a tax lien on your home, homestead laws typically do not prevent the government from enforcing that lien.

In the case of bankruptcy, certain types of liens, including tax liens, can be complex to address. Chapter 7 bankruptcy may help eliminate your personal liability for some debts, but it generally does not remove liens from property. However, in some instances, Chapter 13 bankruptcy can be more effective in dealing with liens. Under Chapter 13, you may be able to pay off the tax lien as part of a repayment plan, or in some cases, even reduce or eliminate the lien, depending on the type of lien and the value of the property.

It's important to understand that the treatment of liens in bankruptcy is a nuanced area of law and depends on your specific circumstances, including the type of lien, the type of bankruptcy, and state laws.

Given the complexity of these issues, it’s advisable to consult with a bankruptcy attorney. They can assess your particular situation and advise you on the best course of action, considering both the homestead laws in your state and the specifics of bankruptcy law as they apply to your case.

Remember, taking informed steps based on professional advice is crucial in navigating legal matters involving your home and financial stability.