What happens to a tax lien if I file for bankruptcy?
Filing for bankruptcy does not automatically remove a federal tax lien. While the automatic stay in bankruptcy stops new collection activity, an existing tax lien survives bankruptcy and remains attached to your property. In Chapter 7 bankruptcy, even if the underlying tax debt is discharged (meeting the 3-year, 2-year, and 240-day rules), the lien remains on any property you owned at the time of bankruptcy filing. This means the IRS can still enforce the lien against that specific property, even though they can't pursue you personally for the discharged debt. In Chapter 13 bankruptcy, tax liens are typically addressed in the repayment plan. Priority tax debts must be paid in full through the plan. If the lien exceeds the value of the property (an 'underwater' lien), you may be able to have the excess amount treated as unsecured debt and potentially discharged. After bankruptcy, you should request the IRS release or withdraw any liens that have been satisfied through the bankruptcy process.
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