How can I get the state warrant released for a tax lien? 7 Answers as of May 13, 2011

State and Federal tax liens filed in 2002. I filed chapter 7 (in 2006) and the State and Federal taxes were discharged. Feds released their lien state did not. How can I get the state warrant released? Since it was discharged will it affect my ability to re-finance my house? The re-filing date is 2012. Will the State automatically re-file?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Have you called them? If there was an assessment within 240 days of filing the tax lien was not discharged. Call and ask why it was not released.
Answer Applies to: California
Replied: 5/13/2011
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
The practical step is to contact the State. Let them know you are seeking a release of lien. Point out that the federal tax lien was released. However, the state does not have to release its lien in spite of the bankruptcy discharge of certain taxes or the federal lien release. It is unlikely that the state lien will be renewed. Consult an accountant if you need help to navigate the interaction with the state on the lien release.
Answer Applies to: California
Replied: 5/13/2011
Law Office of Sam Levine, LLC
Law Office of Sam Levine, LLC | Sam L. Levine
In order to answer your question(s) about a release of your state tax lien, you need to be interviewed & have your paperwork & other documentation examined by an attorney in your state.
Answer Applies to: Georgia
Replied: 5/13/2011
The Schreiber Law Firm
The Schreiber Law Firm | Jeffrey D. Schreiber
The underlying debt is discharged in bankruptcy, but liens are not discharged. If there is equity to which a lien could attach, the lien remains on the property. The IRS generally releases their lien as they don't try to collect on taxes discharged in bankruptcy, but many states do not do that.
Answer Applies to: California
Replied: 5/12/2011
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
That depends on what the lien has attached to. The lien covers the value of whatever assets it attached to on the date your bankruptcy case was filed. If this is real estate that had equity on that date, then you can try to negotiate with them to remove the lien upon payment of an equivalent amount of money.
Answer Applies to: California
Replied: 5/12/2011
    David Hoines Law
    David Hoines Law | David Hoines
    Contact Florida's dept of revenue and send copy of your discharge from bankruptcy court.
    Answer Applies to: Florida
    Replied: 5/12/2011
Click to View More Answers: