The law does not explicitly say that the stimulus payments are exempt, but it is believed by some that was an oversight and will be corrected in a subsequent bill. The stimulus payments are NOT to be considered in computing disposable income in chapter 13 cases, for one thing. In a seminar put on...Read more »
You can file bankruptcy without your husband, whether you file taxes jointly or separately. However, if your debts are primarily consumer debts, and you are married and living together, his income is counted in the "means test" that determines if you qualify for chapter 7 or the minimum...Read more »
When she migrated into skilled nursing, Going through her things discovered back tax notifications. Last year filled all her past taxes, one year had a problem. IRS won’t deal with me, asked my CPA to communicate, not very helpful. CPA said he would file something to at least stop additional... Read more »
You should consult a tax resolution professional. Attorneys, CPA's and Enrolled Agents (EA's) are authorized to represent individuals before the IRS. But all of them do not practice in that area. You want someone that regularly handles IRS tax collection issues like this.
Student loans are not dischargeable in bankruptcy unless you can show "undue hardship" which is very difficult. An adversary proceeding or lawsuit must be filed within your bankruptcy, and after properly serving the defendant(s) with the summons and complaint, you must prove to the...Read more »
Alimony is considered a "domestic support obligation" or DSO in bankruptcy. It is not dischargeable in bankruptcy. It is also considered a priority claim and entitled to distribution ahead of other claims. So there should be no change in your alimony payments by reason of a bankruptcy filing.
If you qualify for chapter 13, and you file before the vehicle is sold, then yes you should be able to get the vehicle returned to you. Your chapter 13 plan would need to provide for payment of the vehicle plus some interest, over a 3 to 5 year period. If you want to try to save the vehicle, you...Read more »
You are eligible to receive a discharge in a second chapter 7 case filed more than 8 years after you filed your first one in which you received a discharge. However you are eligible to file a chapter 13 case and receive a discharge in it, anytime after 4 years after filing a chapter 7 case. And if...Read more »
I listed a lienholder on my filing and they did not answer or show. They have not contacted me since before the filing or even after it was discharged. Can they charge me interest and penalty on this lien? I tried many time to get a hold of someone and no luck. They should have foreclosed on 2012.
Liens can "pass through" bankruptcy unaffected unless they were dealt with by your bankruptcy somehow. If their lien is still valid, yes you may have to pay them including accumulated interest and other charges if you wish to keep the property.
Yes, there are several ways to stop the IRS from issuing a levy. You can request a Collection Due Process hearing, and then propose a collection alternative such as an Installment Agreement or an Offer in Compromise. If you qualify, you may be able to have the account put in Currently Not...Read more »
In most consumer bankruptcies, you may not even see a bankruptcy judge, at least in our district. You meet the trustee, or one of their attorneys, at the Meeting of Creditors in chapter 7 and 13 cases.
In chapter 7 cases, at least here in the Southern District of Texas, it would be very...Read more »
You must list all of your creditors in your bankruptcy. If you want to keep your cars and house, you can continue to pay them and if you wish, enter into a reaffirmation agreement with them (if chapter 7 bankruptcy). Then it is as though you did not file bankruptcy on them; your personal liability...Read more »
Under current law you can file chapter 7 bankruptcy every 8 years. I don't know why you would not be able to file a 4th time, so long as you did not incur the debt intentionally with the intent to file bankruptcy.
After a bankruptcy discharge, review your free credit reports from annualcreditreport.com and dispute any that are not reporting correctly. If they were discharged they should show "discharged in bankruptcy" and show a zero balance due. Review your credit reports at least annually for...Read more »
I just received a suspension of drivers license notice from DPS. I can't believe I was in a minor accident during the one week my insurance had lapsed. Unbelievable. Now I need help to get my license back. I don't see any other way to get out from under this. Please advise.
Yes, so long as you were not DWI at the time of the accident, the damages from the auto accident should be dischargeable in bankruptcy. In that case, you would be eligible to apply to have your drivers license reinstated, but you must maintain liability insurance in the future.
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