questions pro se ch 7

[reesemay]

I filed w/ the use of a paralegal...she messed up a lot of the forms. I need to file an amendment. She did not include my car and some tools I want to keep. All exemptable.
What forms are needed for this? Also she told me that back taxes can not be wiped out. I have read if they are older than 3 years YES they can. How do I add this? They placed a lien on me after I filed BK, does this mean they are in violation of the stay?

I have already had the 341 meeting. I have not recieved anything from the trustee other than him asking for info about a lawsuit. There is no info in pacer about any objections. No one has filed anything. No claims. Time deadline to file for claims is the end of the month.

The only thing that had been done is the atty for my already foreclose house has requested they stay to be lifted, to persue the title. I would like to have the stay re-inforced, can anyone tell me how to go about doing this?

[justbroke]

I filed w/ the use of a paralegal...she messed up a lot of the forms. I need to file an amendment. She did not include my car and some tools I want to keep. All exemptable.

I thought you were a "no asset" case? I believe I read that you were post-341 Meeting. Did the Trustee file a report of no distribution? If so, then you are good to go.

I have already had the 341 meeting. I have not recieved anything from the trustee other than him asking for info about a lawsuit. There is no info in pacer about any objections. No one has filed anything. No claims. Time deadline to file for claims is the end of the month.

There usually won't be claims in a no-asset case. It's useless to file one.

The only thing that had been done is the atty for my already foreclose house has requested they stay to be lifted, to persue the title. I would like to have the stay re-inforced, can anyone tell me how to go about doing this?

You can't have the stay "continued". They will win on the mere fact that they have a judgment in the underlying State non-bankruptcy court. They will be allowed to continue their in rem rights because a.) you're in a Chapter 7 and a home is NOT necessary for effective re-organization of a debtor, and b.) you are behind in payments, and c.) there is already a judgment in a non-bankruptcy court awarding foreclosure to the plaintiff.

Besides, do you know and understand that the automatic stay will disappear once you receive your discharge? They could just wait 30 more days or so.

What forms are needed for this? Also she told me that back taxes can not be wiped out. I have read if they are older than 3 years YES they can. How do I add this? They placed a lien on me after I filed BK, does this mean they are in violation of the stay?

I'm not sure you should have ever tried this on your own. I am really not trying to be harsh, but the Pro Se area of this forum is where I "live" and I like to help people. However, you have some issues (taxes and property) that would make me inform the potential pro se filer to find a way to get an attorney.

The paralegal should have NEVER given you advice on the taxes. There are very very specific rules on taxes and it's not just "3 years old". It's:

• are more than 3 years old from the day they became past due. Measured from April 15th of the year of the tax liability. So, if these taxes had to be from Tax Year 2006 or EARLIER. (This is because 2007 taxes are not due until April 15th 2008, so the three year mark would be April 14th 2011 for those taxes.)... and;
• They must have been filed more than 2 years ago. So, if they were from 2006 and you didn't file until late 2008, you are out of luck... and;
• If this was from a tax assessed, it must be more than 240 days from the assessment. So, if they discovered that your 2005 taxes were done wrong and assessed taxes due in 2010, (or less than 240 days before filing), then the tax is not dischargeble.

Unless you meet all the criteria, your taxes are non-dischargeable. The IRS is pretty good about "knowing" whehter your tax is non-dischargeable. I don't know whether your tax is or is not.

In any event, you would likely need to file a Complaint to Determine Dischargeability. This complain process is known as an Adversary Proceeding (AP). They are mini lawsuits within the bankruptcy process and have many traps for pro se filers since you need to know the Fed. R. Civ. P., Fed. R. Ev., Fed. R. Bankr. P., and local rules. I never encourage or even suggest that a pro se debtor start or attempt to file an AP.

[reesemay]

taxes were for years 2001-04 assesed in 04,05,08
how do I get the lien removed from the county records?
so as long as the requirements are met and included in the schedules they are discharged?

[justbroke]

"Technically" they "may" be discharged, but the best thing to ensure that they are, is to file a Complaint to Determine Dischargeability anyhow.

You're not going to like what I'm about to write, but here it goes. Many Districts now believe that a failure to file a tax return followed by the IRS assessing a tax, means that you can NOT discharge that tax. The code clearly reads that you must have filed a tax return. There was a very recent discussion about this on one of the attorney sites that I frequent... and I mean as frequent as last week. It was basically summarized that the failure to file a tax return by the statutory date was not dischargeable! See In re Creekmore, 401 B. R. 748, Bankr. D. Mississippi.

Specifically

11 USC 523(a)(1)

(B) with respect to which a return, or equivalent report or notice, if required—
(i) was not filed or given; or
(ii) was filed or given after the date on which such return, report, or notice was last due, under applicable law or under any extension, and after two years before the date of the filing of the petition; or...

Harsh, but the bankruptcy courts are seeing the light. If you failed to file and the tax was an assessment of tax for failure to file... you would REALLY be served by filing a Complaint to Determine Dischargeability. The tax lien won't disappear until you show proof to the IRS that it is discharged.