IRS income taxes can be discharged in bankruptcy after three years following the filing oi the annual income tax return(s).

Other types of tax, e.g., taxes secured by a lien, are treated differently.

Best bet, for that much at stake, is to confer with/use experienced bankruptcy counsel.

If your wife files a Ch. 13, she should identify whatever income/payment of debt you provide. In addtion, she should show whatever share of household expenses you provide.

In a Chapter 7, the "curtain" drops on date of iling (wife's eligibility for bankruptcy may be... View More

Bankruptcy law seems to recognize that it's unrealistic to burden a debtor with the responsibility to ensure that all creditors' current addresses remain valid, so it is incumbent upon each creditor and/or its lawyer to do so.

In your matter, you updated your address in several... View More

The extension of credit through what is to the lender a new loan to you is a matter addressed to the discretion of the lender based upon your ability to qualify (ability to pay) for a new loan from that lender. You alone cannot force that to happen.

That said, you can explore a possible... View More

In my state, PA, a final judgment becomes a lien when properly filed. And after the bankruptcy "preference" (90 days preceding bankruptcy filing) and "fraudulent conveyance" (2 years federal and up to four years a "state law") has passed, that judgment lien becomes... View More

You should fully CONSIDER a voluntary form of bankruptcy, WITH experienced bankruptcy counsel, with ALL your assets, debts and exemptions allowable under Oregon/Bankruptcy law. A voluntary bankruptcy is a major financial step and deserves that level of planning and thought.

Without full... View More

Regardless of the chapter of bankruptcy relief you choose, the Official forms require to sign an affidavit that what you list is ALL of the claims against you and all of the assets you have an interest in. You do not have a choice about what to show on your Schedules of assets and debts.... View More

Credit card charges made within 90 days prior to a bankruptcy filing are NOT dischargeable and must be paid by the debtor.

In our opinion, yes, list your teacher expenses where those are allowed by the IRS and your tax returns document those expenses.

You will have to show the bankruptcy trustee your last two tax returns to the trustee anyway. And even most bankruptcy courts defer to the IRS.

If the... View More

Anyone with a couple hundred bucks for filing fees can sue anybody else.

Success, in the form of a judgment, is what counts.

Your facts indicate success in court, but there are two sides at least to every issue.

It appears that you may have a breach of warranty claim. In... View More

As a rule, hospitals are obligated to save a life, such as it may be, whenever possible, even in the absence of any health proxy or agreement.

While capacity to enter into any agreement is always an issue, it is probably best for you and yours, on an urgent basis, to have experienced PA... View More

Even if the underlying indebtedness of your co-borrower is somehow discharged, you as a co-borrower cannot compel the removal of that co-signor absent an agreement with the creditor to do so. And in my experience, it would take a substantial payment to the creditor to get that done.

Be... View More

In a bankruptcy filing, you have no choice about which debts and assets you disclose in what all you file with the Court. You sign your several Court documents under penalty of perjury (a felony) and it's never smart to morph a money issue into a criminal case,

There are some special... View More

Any transfer within a year or three for less than "full consideration", i.e., fair market value, will be subject to scrutiny and probably rescission, and may be grounds for replacement of the debtor in a Chapter 13 case with a trustee. The bankruptcy laws in the US have been on the books... View More

When you filed for bankruptcy relief (assuming this was your first bankruptcy filing), an automatic stay was enter, BY ORDER OF THE BANKRUPTCY COURT WHERE YOU FILED, prohibiting any creditor/claimant from taking or continuing all actions against you and/or your property. Only the bankruptcy court... View More

A "charge-off" of a debt is an internal accounting process, and it has no legal effect on the indebtedness.

You appear to be correct about the length of PA limitations.

Note that the PA statute of limitations runs from the date of default. That period may be extended,... View More

Most "forms" are a trap, trusting you to choose what may be relevant to the Court. Most courts have rules that prohibit offers of proof on matters not well pled in the forms.

And a pleading almost certainly triggers a court hearing.

On top of that, most lawyers will... View More

Eligibility for the different chapters of the Bankruptcy Code are in Section 109.

Here are two helpful sitess:

www.experian.com/blogs/ask-experian/what-are-the-requirements-for-bankruptcy/#:~:text=Chapter%207%20bankruptcy,?msockid=0b6ad8f42a4e6c3a3945cb8c2b676d4c... View More

When finished (judicial Order confirming sale), a judicial foreclosure removes all liens, and Sheriff pays on taxea, poundage and liens per PA priority.

All liens foreclosed are removed from property and successful bidder gets Sheriff's feed (a quitclaim deed).

If a... View More

If by "being sued" you mean a Complaint has already been filed against you, do NOT ignore it; file a responsive pleading that gives you more time.

Use that time to contact whoever speaks for your adverse party to determine what it will accept to resolve this issue.

You... View More