I have a house going into forclosure, i am filing bankuptcy. ae propety taxes dischageable?

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I have a house going into forclosure, i am filing bankuptcy. ae propety taxes dischageable?

i lost my job a year ago and have not been able to get a job to povide fo my mortgage and expenses for the home. I listed the home for sale a year ago but because i do not have the means to pay i have not paid motgage or taxes on the home. I am going to file bankuptcy are those property taxes dischargable or would i still have to pay if i give up the house?

Asked on May 11, 2009 under Bankruptcy Law, New Jersey

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Taxes generally cannot be discharged in bankruptcy.  Federal taxes come first, and then the taxes due state and local government.

Property taxes are a special case, and they "run with the land."  If you lose the house in bankruptcy, it will be sold, and the unpaid property taxes will be taken off the top from whatever is paid for it.  I'm assuming here that you don't have unpaid federal income taxes that would swallow up so much of the sale proceeds that there wouldn't be enough left.

Everybody else has to settle for their share of what's left, after all the taxes have been paid.

 


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