First, we don't know what year you owe the taxes for and whether or not you owe them in fact and the type of taxes and whether you filed a tax return or not on such taxes. Having said that, a bankruptcy tax attorney is who I strongly suggest you consider meeting with . You really care on the issue of taxes one thing: are the dischargeable or not if you file now. But if not now, how long must you wait to file to try and in fact discharge them. A second issue is is there any valid tax lien on any assets you own now. Such a bankruptcy tax attorney can carefully take the time to answer that and may take on hour with the right tax form obtained from the IRS if a federal debt. Meanwhile, other issues in filing a bankruptcy may affect what and when you file which I set forth next.
You need and want to enjoy your fresh start also. But the most important thing is to meet with an attorney as you asking this question means you have not. You care about 2 goals: keeping everything you have equity in and discharging all your debts. If you don't have any of the exceptions to discharge you will obtain that goal; most exceptions are set forth in 11 USC. 523 (Google it) like child support, some income taxes, traffic (in a ch 7) and criminal fines , and presumption of student loans. But some debts are dischargeable in a ch 13 but NOT in a ch 7 so you want to make sure and your attorney will discuss any such types with you also!
Your exemptions depend on what state you have lived in in the last 2 years and thus if in your state, then your states exemptions will apply. Most persons filing keep everything they own but your attorney will confirm that with you when they learn everything you own and the equity thereof!
Some secured debts like homes, vehicles, other secured debts an attorney will discuss your options on also as you must list any debts; but that does not mean you will lose them unless you have too much equity or are in default on paying for them! Discuss those options if they apply with your attorney too.
But other issues can arise that can greatly harm your case. Just one example: If you paid back a relative $3,000 11 months ago and now file bankruptcy next week, the trustee can SUE that relative to retrieve that $3,000 (under what is called a preference) for the benefit of the bankruptcy estate. As a result, most attorneys don't charge to meet with them the first meeting so meet with one no matter what.
Many great attorneys can be found right here on in your state so look, call, and meet one as soon as you can.
You should also want to know when to file: is there an advantage of waiting versus filing now and who should you pay between now and then! Good luck and enjoy your later fresh start.
I am not sure I know what "file against tax liens" means but if you owe back taxes that are significant enough a bankruptcy may be an option to discharge the tax debt. One thing to know is that the tax debt has to be old enough to be discharged under a Chapter 7 (generally three years from the return due (4/15) date of the most recent tax year). I would note that if the only debt you have is taxes and you truly have no assets and little income an offer in compromise may be a better option. I would try to speak to both a bankruptcy and/or tax attorney about the particulars of your case.
When you file you list all debts, not just your taxes. Whether your taxes can be discharged is going to depend on a number of factors, some of which have been addressed by the counsel above. To determine if a chapter 7 would help you, you need to meet with a competent bankruptcy counsel from your area. Most offer an initial consultation for no charge. At that meeting they can tell you if a 7 would likely allow you to discharge the debt.
A chapter 7 bankruptcy does not address liens at all, although you must, by law, include all your debts. And chapter 7 bankruptcy will not rewrite the public records section of your credit report either. There can be strategies to solve this issue, but details you failed to mention will determine what will achieve the best result for you. Hope this perspective helps.
It is important to understand that a bankruptcy does not remove anything from your credit report. Your credit report is a record of whether you voluntarily pay your debts on time. If a debt is discharged in bankruptcy, the credit report may be changed to reflect that the discharge means nothing is owing, but it still stays on your report as a negative item.
Whether the taxes can be discharged depends on how old they are and when they were assessed. For income taxes, first, the return must have been due three years before you file, including extensions. This means that the last year of income taxes dischargeable now is 2011. Second, the return has to be filed at least two years ago. So, if you filed more than one year late, it may affect dischargeabilty. Finally, the taxes must have been assessed at least 240 days ago. Taxes shown on your return are assessed when filed, so this only applies if the IRS has assessed additional taxes after reviewing your return or conducting an audit.
Some taxes are not dischargeable at all. If the tax lien is for employment taxes you collected as an employer, or sales taxes you collected, those are always not dischargeable. And, income taxes are not dischargeable if you did anything to evade the tax, although the IRS rarely asserts this.
As for the lien, if the taxes are discharged the lien will not attach to any property you acquire in the future. However, it will remain a lien on any property you have at the time you file bankruptcy. If the taxes are discharged, it will also protect you from any further enforcement activity such as wage garnishments.
As an alternative to bankruptcy, you should consider asking for an installment plan (which is usually pretty easy to negotiate without a lawyer), or an offer in compromise. Whether bankruptcy is a viable option depends not only on whether the taxes are dischargeable, but how much other debt you want to discharge and whether you want another hit on your credit report from the bankruptcy filing.