Marshal's Notice of Execution

[NSH]

I am going to try to make some sort of payment arrangement. I will see if they will accept very small monthly payments to start with, not to settle the debt, but to buy me a few months of not being harassed while I get those taxes filed and BK filed. Of course, that isn't what I would tell them! I would say that I need some extra time to "get on my feet" and it is better than just declaring BK right now as I would prefer not to go that route and would like to try to get into the financial position to pay all my debts. I will explain that a HUGE payment per month would not be possible and it is either this or nothing I just go BK right now.

If I agree to a "payment plan" and declare BK, let's say in two months after filing three years taxes, will I be guilty of fraud for "negotiating a payment plan" I have no intention of honoring once I can file?

[backtoschool]

I am going to try to make some sort of payment arrangement. I will see if they will accept very small monthly payments to start with, not to settle the debt, but to buy me a few months of not being harassed while I get those taxes filed and BK filed.

If I agree to a "payment plan" and declare BK, let's say in two months after filing three years taxes, will I be guilty of fraud for "negotiating a payment plan" I have no intention of honoring once I can file?

Many, many people try to negotiate payment plans before filing bankruptcy in the hope that they won't have to file bankruptcy. On the surface, your case is no different than any other debtor that is trying to negotiate debts. I don't see any fraud here. Once you file bankruptcy, the payment plan becomes irrelevant since the debt you are paying on will be included in the bankruptcy.

If you experience is like mine, when you call Xxxxxxxx Xxxxx's office, and say you want to make payment arrangements, they will ask you your income and then they figure out a payment for you.

[NSH]

That's good to know, backtoschool, but I am going to try my hand at getting something in writing. I know you guys say they won't do it, but I honestly don't see why not. I mean if they want money from me, then I need some sort of guarantee that I will have a stay of execution (no pun intended) for several months as long as my payments are on time. Otherwise, while it may be all nice and fine to know they "probably won't come," that just can't be good enough for me.

Because, as you said, if I have nothing in writiting where they promise to leave me alone while I conform to the terms of our agreement, then I can theoretically still have my stuff seized while I am paying in good faith. And that is one thing I don't need to have to worry about.

[outsidetool]

I'd be filing BK ASAP. Taxes filed or not, and let the process of BK take care of it all.

[NSH]

From what I have been hearing, I cannot even begin the BK filing process until I have filed my taxes. Believe me, if that is an option, I would do it in a heartbeat. It would be absolutely AWESOME if I can get a lawyer who could get all thye creditors off my back and then I can file my taxes over the next month or two while I waited for whatever hearings are coming.

Sadly, I don't think a lawyer would do that.

[JGT]

NSH....GOOD NEWS!! Read this!...........

[url link removed by admin]

[backtoschool]

NSH....GOOD NEWS!! Read this!...........

[url link removed by admin]

The lawyer in this link is not saying anything that hasn't been described in full detail here and is also not really answering the full question.

Typically lawyers from the sight you linked to, are answering questions in a surface way in order to drum up business, and should not be taken as binding legal advice.

I would not base any decisions on the answer you linked to.

[JGT]

NSH this whole Marshal stuff is BS, it`s scare tactics. Listen I just got off the phone with another lawyer....He told me to read what the execution says; It says they put a lein on my possesions but nowhere on that letter does it say they can break into my house or I have to let them in when they come. All it says is they have a lein and THAT`S IT! It doesn`t say they can break into your place or that you have to let them in.The only way they can get in is if they get a search warrant and a Judge never grants that in cases like this (I`ve been searching since April and I couldn`t find one single case) All they can do is come to your door and ask for money or something of value, but YOU DO NOT HAVE TO LET THEM IN. Now I`m really pissed because I got conned out of a few bucks by a lawyer when I got that first exec

[JGT]

Backtoschool, I just got off the phone with another lawyer my brother put me in touch with. The guy was laughing because he says people ask him this all the time. He put it to me this way; He said why would a Marshal go through all the trouble of getting a warrant, breaking the door in for an Xbox? He said then my apartment would be left unsecured after they left open to theft and they could sued. A judge would never allow that based on guess work. He said it`s hard as hell just to get a warrant for drug dealers, why would a Judge give it for someone who owes a CC $3000 bucks? It`s scare tactics. But he also said if you want to stop them coming to your door just pay them off or declared bankruptcy.

[JGT]

Oh yes he also said not even my landlord can come into my apartment without my permission and he OWNS the place. He said he`s had cases where a landlord was caught entering an apartment of someone he wanted evicted and the Judge got so pissed off at that they gave the tenant a YEAR free rent! Incredible!

[NSH]

This actually makes a lot of sense, JGT. I wish that an admin had not deleted your link, though, because I never got to read it. Maybe you can PM me the link?

Oh, and did you find a lawyer to handle BK? Because I am still looking for one and talking/interviewing them. Oddly enough, the vast majority of them are telling me that taxes cannot be discharged! So obviously I am like, "I'll call you back. <click>"

[momisery]

Make payment arrangements. Have you ever considered taking a class on taxes? You might be able to have some help from family, but do it yourself? I am not sure the IRS will help you much with business, but then I prefer to know a little about taxes rather than letting "them" figure it for me. Once you are done, maybe the IRS will settle too so you will owe less. Good luck

[NSH]

No, my back taxes I want to discharge are all personal not business taxes.

[JGT]

Hey NSH. yes your taxes cant be discharged because of BK. What I wanted to know from you though is were you saying someone told you that you have to file for the past 3 years before BK? What if someone didn`t make any money in that time (like me), there is nothing to report to the IRS so why file?

Also, why was that link deleted? OK I`ll PM it to you. Yeah I tell you, I felt like an idiot talking to this lawyer this morning, it was so obvious. The Marshal letter states he has a lein on your property but nowhere in that letter does it state he can break into your house or do you have to let him in. If you have a car on a public street, that`s quite a different story as he can tow that which is what they WILL do, he told me they check DMV records for your car make and license plate then they drive around your neighborhood looking for it and then tow it, but they DO NOT break into your house unless they have a warrant. Warrants are issued by Judges primarily if the public is put at risk, such as a suspect gun runners, murder suspects, terrorists, drug transports, but for someone who is behind in CC`s? No way! I feel like an idiot because I could have saved myself a lot of aggravation and money.

[NSH]

JGT, who says you can't have your taxes discharged? I used to think so too, but that is an urban legend and you absolutely can have them wiped away as long as they meet a certain set of conditio9ns for income taxes. There are plenty of threads in this forum talking about that. ;-)

Yeah and what you say about breaking in versus seizing parked cars makes perfect sense, dude. Thanks!