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2009 Property Taxes For Property Surrendered in 2008 Bankruptcy

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  • 02-19-2010, 03:00 PM
    GABK
    2009 Property Taxes For Property Surrendered in 2008 Bankruptcy
    My question involves bankruptcy in the state of: GA

    I filed Chapter 7 in Dec 08 and it was discharged in Mar 09. The house was included in the BK but I have received a property tax billing from the county.

    The county said that if they are included as a creditor in the BK they will not pursue a FIFA for unpaid taxes.

    Will the court allow a reopen of the case to add the county to schedule E knowing that it wont be discharged and because it is 2009 taxes when I filed in 2008?

    The attorney "thinks" it will be allowed but is not sure. It would cost $500 to do so and the taxes are $1500.

    Thanks for your response.
  • 02-20-2010, 06:55 AM
    acip4u
    Re: 2009 Property Taxes For Property Surrendered in 2008 Bankruptcy
    I was in the same boat filed in dec 08, also i to was conserned about the taxes, and also recieved bill from county, the lender sent a letter asking if i paid the taxes, but i told the lender that i did not pay property taxes, and sothe lender actually paid the property taxes which were late so the had to pay the late fee, also the new year 2010 taxes arrived for payment and i went to my online account and they paid them as well. Its my understanding that if you surrender your house you are relieved of liability including property taxes, now this is california not sure about the rest of the states.It took my lender over 1 1/2 years to foreclose they finally foreclosed 1/21/2010 once they foreclose then you are not resposible for any fees on your home of coarse you must surrender it in BK 7 first.

    God Bless
  • 02-20-2010, 09:19 AM
    GABK
    Re: 2009 Property Taxes For Property Surrendered in 2008 Bankruptcy
    Unfortunately the original mortgage company did not pay them, and it was FC and sold by the county in 09.

    I tried to contact the escrow department of the new mortgage company but had no luck, they would not speak with me because I was not the borrower on the property.

    I asked the county how the property could be sold without the taxes being paid and they did not know. In Georgia whoever is the owner of record as of January 1 of that year is who the bill goes to.

    So Im back to my original question.

    Does anyone know if I can reopen my BK filed in 12/08 to include property taxes for 09?
  • 02-25-2010, 06:47 AM
    acip4u
    Re: 2009 Property Taxes For Property Surrendered in 2008 Bankruptcy
    please read this post!

    http://www.bankruptcylawnetwork.com/...d-foreclosure/
  • 02-25-2010, 02:42 PM
    GABK
    Re: 2009 Property Taxes For Property Surrendered in 2008 Bankruptcy
    The link provided had no bearing on my question.
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