Do I still have to pay those deemed uncollectable off, even after 10 years? 21 Answers as of August 08, 2013

I had a Chapter 13 bankruptcy almost 13 years ago. I was unable to complete the payment plan and it was deemed uncollectable. Trying to sell my house and a title search shows a tax lien, and a 2nd mortgage amount- both of which I thought was taken care of by the Chapter 13.

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Law Office of Thomas C. Phipps | Thomas C Phipps
You will have to check with your bankruptcy attorney and see if they were paid off.
Answer Applies to: Missouri
Replied: 8/8/2013
Colorado Legal Solutions
Colorado Legal Solutions | Stephen Harkess
Liens are only taken care of if properly addressed in a successful Chapter 13. Unless the liens have expired, they are still attached to your house.
Answer Applies to: Colorado
Replied: 8/8/2013
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
A ch13 that is dismissed does not clean up anything. You have to deal with the liens.
Answer Applies to: California
Replied: 8/8/2013
Stephens Gourley & Bywater | David A. Stephens
If you did not complete your chapter 13 plan it may not have discharged the tax lien. The same would be true of the second mortgage. You would have to review you plan and payment history to know whether they were paid off.
Answer Applies to: Nevada
Replied: 8/8/2013
Law Office of Susan G. Taylor
Law Office of Susan G. Taylor | Susan G. Taylor
If you didn't successfully complete the chapter 13, it's as if you never filed it.
Answer Applies to: Texas
Replied: 8/8/2013
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    There is really no such thing as being deemed uncollectable in the law. That sounds like an accounting term.
    Answer Applies to: Michigan
    Replied: 8/8/2013
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    Either you received a bankruptcy discharge or you did not. From what you are saying you did not complete your chapter 13 plan so you did not receive a discharge. You still owe these debts. They are most likely judgments that are showing up on public records. If the second mortgage is on the home you are trying to sell you still owe this money and to sell the home you must pay this. Most likely, in your chapter 13 you tried to strip the second mortgage but if you did not receive a discharge it is still there. You can only obtain bankruptcy relief if you complete the bankruptcy.
    Answer Applies to: California
    Replied: 8/8/2013
    The Law Offices of Deborah Ann Stencel | Deborah A. Stencel
    If you did not complete the 13 and receive a discharge the liens are likely still valid.
    Answer Applies to: Wisconsin
    Replied: 8/8/2013
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    If you did not finish the plan, then the debts are still valid.
    Answer Applies to: New Jersey
    Replied: 8/8/2013
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    If you did not complete the payment plan, then the Chapter 13 did not formally resolve the debt. Now, the taxes you might still owe. Then other debt might be too old so you could argue or ask the credit reporting agencies to remove it from your credit if the debt is older than 10 years.
    Answer Applies to: California
    Replied: 8/8/2013
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    If you never completed your chapter 13 plan then none of your debts were "taken care of" by the bankruptcy filing and you most likely never received a bankruptcy discharge. If there are liens against your property they will have to be satisfied either through settlement or through payment in full before you are able to transfer clear title to the property.
    Answer Applies to: Colorado
    Replied: 8/8/2013
    Johnson Law, PLLC | Todd Johnson
    If the tax lien and 2nd mortgage were 'taken care of' by your chapter 13, then there should be a court order or two that will clear up the confusion. Or maybe the taxing authority just needs to send in a release of the tax lien. However, if you didn't complete your plan payments, then your chapter 13 was likely dismissed and your debts were not discharged. Regardless, bankruptcy doesn't remove tax liens and mortgages unless they are paid (at least partially) and you complete your bankruptcy. Tax and judgment liens normally expire after 10 years.
    Answer Applies to: West Virginia
    Replied: 8/8/2013
    Foster Law Group
    Foster Law Group | William Foster
    You didn't complete the plan yet you thought the chapter 13 took care of the debts anyway? How could that possibly be the case? There is no such thing as a chapter 13 being deemed uncollectable. Perhaps your debts were deemed uncollectable by the creditors. That has no bearing whatsoever on your chapter 13. If you didn't complete the plan and receive a discharge, your chapter 13 could not have possibly taken care of these debts.
    Answer Applies to: Colorado
    Replied: 8/2/2013
    Conner Law Offices
    Conner Law Offices | Melissa Conner
    If you didn't complete the payment plan, then the Chapter 13 wouldn't have taken care of anything. You also have to go through a separate process to remove a lien, even if you did successfully complete your Chapter 13 plan. As for the loan being deemed uncollectable, that's just a terminology used by lenders. It doesn't mean that they cannot attempt to collect the debt from you or that you do not have to pay the debt or that they have to remove their lien.
    Answer Applies to: Massachusetts
    Replied: 8/8/2013
    R. Steven Chambers PLLC | R. Steven Chambers PLLC
    Yes, you will have to pay those. First of all, even if you had completed your plan and gotten a discharge, the tax lien and second mortgage are both against the house. Secured debt like this doesn't go away as far as the house is concerned. Even if you had been discharged, the liens would have remained to encumber the house. Secondly, you didn't complete your plan payments and your case was dismissed. That makes it as if you had never filed. So you got no benefit at all from the Chapter 13.
    Answer Applies to: Utah
    Replied: 8/8/2013
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    If you did not complete the bankruptcy then your 2nd mortgage is still a lien.
    Answer Applies to: New York
    Replied: 8/8/2013
    William A. Siebert
    William A. Siebert | William A. Siebert
    That depends on how your bankruptcy was terminated. You may have a Chapter 7 discharge, or you may still be liable for the debts. The debts are uncollectable anyway 6 years after the bankruptcy ended.
    Answer Applies to: Michigan
    Replied: 8/8/2013
    Stuart P Gelberg
    Stuart P Gelberg | Stuart P Gelberg
    Sounds like a title ins Q, not a bkry Q. You didn't complete your bkry so no relief there. The debts might be barred by the statute of limitations but that may not satisfy the title co.
    Answer Applies to: New York
    Replied: 8/8/2013
    Portland Bankruptcy Law Group
    Portland Bankruptcy Law Group | Christopher J. Kane
    If you were trying to strip the 2nd mortgage off your home because it was wholly unsecured, and you didn't finish the Chapter 13 plan, the mortgage was not stripped. If you didn't finish the case, you did not receive a discharge and you remain responsible for the debts that were included in the case. However, due to the statutes of limitations you might be clear from some, if not all, of those debts.
    Answer Applies to: Oregon
    Replied: 8/8/2013
    The Diamond Law Group, LLC
    The Diamond Law Group, LLC | Seth William Diamond
    It is likely that since you did not obtain your discharge both debts are valid. You should consult with a bankruptcy attorney for a more clear view of what debts may have been addressed in that prior case and what future action you may need to take.
    Answer Applies to: Maryland
    Replied: 8/8/2013
    Law Offices of Patrick Edaburn | Patrick Edaburn
    Were those debts listed in the original bankruptcy. Did your attorney file a motion to strip the lien on the house. It's tough to answer the question without more information. It is likely the debts were erased but often a lien will remain unless a motion was filed. You should sit down with an attorney to find out your options.
    Answer Applies to: California
    Replied: 8/8/2013
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