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CapOne Disputing Dischargibility

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    #16
    I didn't see this posting earlier, so sorry if I'm repeating anything.

    Property taxes are not dischargeable (period).

    That's whether you didn't pay them, paid them with a credit card, or paid them with a balance transfer check. If you paid them with a credit card, and then paid the credit card off... then charged the card back up... you'd need to bring proof that the prior charge of the taxes were indeed paid off.

    I don't believe this is in any way an issue of having recent charges or having low balances. Capitol One is probably claiming non-dischargeability on several grounds, but the non-dischargeability of tax debt is the primary reason for their Complaint (Adversary Proceeding/AP).

    After talking to a competent attorney, you may find settlement better. The AP is going to cost you (hourly for an attorney), and you'll probably lose on the tax issue. There is pretty good precedence in this area.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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