Do I owe property taxes if they were listed in my bankruptcy? 22 Answers as of September 24, 2012

I owe property taxes for 2010 and 2011. I have gone through bankruptcy which had property taxes list as debtor but now I am being told that I owe these taxes. I dont have the money to pay them and they are adding late fee every month that I dont pay. Is there any way that I dont have to pay these or get assistance with these taxes

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Marc S. Stern
Marc S. Stern | Marc S. Stern
Property taxes are taxes on the land. As such in most states, and certainly Washington they have a higher priority than mortgages and are not dischargeable in bankruptcy. They can't get a judgment against you but they can sell the land in a tax sale to recover the money.
Answer Applies to: Washington
Replied: 9/24/2012
Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
If you want to keep the property, then you have to pay the taxes.
Answer Applies to: Indiana
Replied: 8/27/2012
Law Office of Kristen Allard Shier
Law Office of Kristen Allard Shier | Kristen Allard Shier
Property taxes are not dischargeable in bankruptcy. Property taxes stay with the property, so even if you were to sell the property to someone else, the property taxes will need to be satisfied before title of the property can be transferred. You would need to speak to your county treasurer to see if there is something that can be done to reduce the taxes. However, if the taxes continue to accrue, your property could be sold to satisfy the tax debt.
Answer Applies to: Colorado
Replied: 8/22/2012
Stephens Gourley & Bywater | David A. Stephens
Property taxes are secured by the property. Thus, if you do not pay them, the County could sell the property to collect the taxes. You may have been personally discharged, but the taxes still attach to the property.
Answer Applies to: Nevada
Replied: 8/22/2012
Hunter Law Offices, PLLC
Hunter Law Offices, PLLC | S. Christopher Hunter
Property taxes are not discharged in a bankruptcy. This means they are not wiped out. Sadly you owe the money. Many Counties have programs to assist with paying your taxes. I would contact your county treasurer's office to find out what programs are available.
Answer Applies to: Michigan
Replied: 8/22/2012
    Attorney At Law | Harry D. Roth
    If you are keeping the house, pay the taxes. If not, don't bother. There is no personal liability for property taxes, bankruptcy or no bankruptcy. But if you don't pay them, the government will sell your house out from under you.
    Answer Applies to: California
    Replied: 8/22/2012
    Steven Alpers | Steven Alpers
    No way to get assistance that I know of. If you no longer own the property, they will continue on your property and the county could foreclose. Otherwise a new buyer should pay back taxes.
    Answer Applies to: California
    Replied: 8/22/2012
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    Real Property taxes that you owe to the county you live in are secured debts. They are secured to the house or property you are paying them for. So if you are keeping the home them yes they are not discharged in bankruptcy. However, if you have surrendered the home and dont plan on keeping it then they just become a lien for the new owner. So you cannot discharge real property taxes AND keep your house.
    Answer Applies to: California
    Replied: 8/22/2012
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    Property taxes are a lien against your home. A chapter 7 discharge does not discharge the lien. To keep your home you must pay your taxes.
    Answer Applies to: Michigan
    Replied: 8/22/2012
    Bjork Law Office
    Bjork Law Office | Attorney John P. Bjork
    Typically property taxes will follow with the property.
    Answer Applies to: Wisconsin
    Replied: 8/22/2012
    Danville Law Group | Scott Jordan
    Yes, you still owe property taxes. You can negotiate a payment plan or, if more drastic measures are needed, you could file Chapter 13 bankruptcy and force a payment plan on the county.
    Answer Applies to: California
    Replied: 8/22/2012
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    All you can do is see about getting into ch13 so you have a payment plan. The taxes are secured by your property. If you don't pay them the taxing authority could sell the property.
    Answer Applies to: California
    Replied: 8/22/2012
    Selleck Legal, PLLC
    Selleck Legal, PLLC | Stacey Selleck
    Did you surrender the real estate associated with the property taxes? If so then you are not obligated to pay the property taxes as they run with the land.
    Answer Applies to: Michigan
    Replied: 8/22/2012
    KDM Law Firm PLLC | Kurt D. Mitchell
    Property taxes run with the property and thus survive against the property following a bankruptcy discharge. So if you are still in possession of the property then you will need to resolve the property tax issue or risk losing the property to a tax deed.
    Answer Applies to: Florida
    Replied: 8/22/2012
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    If you want to keep the house you must pay the property taxes. You might check with your county treasurer's office and see if they have any program for someone in your situation. Most don't unless you meet both income and age guidelines, but it is worth checking.
    Answer Applies to: Michigan
    Replied: 8/22/2012
    Bordeaux Law, P.C.
    Bordeaux Law, P.C. | Clifford Bordeaux
    If you still have the property, the property taxes are considered a secured debt and will need to be paid. Bankruptcy does not wipe out liens on property and the tax assessor has a lien on your property. If you do not still own the property, then you may be able to discharge the taxes, but you should check with your bankruptcy attorney to find out.
    Answer Applies to: California
    Replied: 8/22/2012
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    Taxes as a general rule are not dischargeable.
    Answer Applies to: New Jersey
    Replied: 8/22/2012
    Ryan Legal Services, Inc.
    Ryan Legal Services, Inc. | Kevin Ryan
    You will need to pay the real estate taxes if you intend to keep the property. If you are surrendering the property via foreclosure or short sale, the lender will have to pay the real estate taxes so that the property can be transferred and recorded by the county where property is located. The lender in the instance of foreclosure or short sale cannot sue you or claim the deficiency balance post sale or transfer if you have received a bankruptcy discharge. The loss write-off is also not taxable if the Debtor was discharged in a bankruptcy case.
    Answer Applies to: Ohio
    Replied: 8/22/2012
    Olson Law Firm | Edward M Olson
    The taxes are attached to the property. You cannot keep the property without paying the taxes.
    Answer Applies to: Michigan
    Replied: 8/22/2012
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    You still owe the taxes on the property or else they can sell the tax lien or the property to recoup the taxes, depending on the county.
    Answer Applies to: New York
    Replied: 8/22/2012
    Law Office of D.L. Drain, P.A.
    Law Office of D.L. Drain, P.A. | Diane L. Drain
    If you live in Arizona then you must pay property taxes in order to keep the real property. You could use a chapter 13 to pay these taxes, along with other benefits. Let me know if you need information about chapter 13.
    Answer Applies to: Arizona
    Replied: 8/22/2012
    Dan Shay Law
    Dan Shay Law | Daniel Shay
    If you keep the house your must pay the taxes.
    Answer Applies to: California
    Replied: 8/22/2012
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