IfI tell a collection agencythat Iam going to file bankruptcy, can they still file a lien on my federal taxes?

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IfI tell a collection agencythat Iam going to file bankruptcy, can they still file a lien on my federal taxes?

Asked on November 19, 2011 under Bankruptcy Law, North Carolina

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Some items like taxes and government fees owed can bypass traditional court proceedings to obtain the lien and have it attached through your federal or state taxes or both. If a collection agency is involved, chances are likely that this is not a debt that can go through a federal tax lien for reimbursement. Check with the IRS website on the type of debt you have. If it is a private debt, chances are pretty low without a hearing. You need to also consider that if this is a debt you owe, it makes no difference if it has gone to a collection agency, you need to add that debt (include the debt) in the liabilities you are planning on and hoping to get discharged. You just need to make sure you include the name of the original creditor and the name of the collection agency for trustee purposes. Do not talk to the collection agency after filing. Period. See what occurs in the bankruptcy and take it step by step.


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