83 legal questions have been posted about bankruptcy by real users in Mississippi. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include commercial bankruptcy, consumer bankruptcy, and foreclosures. All topics and other states can be accessed in the dropdowns below.
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In this case, the discharge of your debts does not depend on which chapter you file. Your decision as to which chapter will be based on your income, expenses and other factors.
Taxes are not dischargeable in bankruptcy unless they meet very specific criteria. Income taxes are dischargeable only if all of the following prerequisites are met as of the date your bankruptcy case was filed: (1) it has been more than 3 years since the returns were last DUE (including extensions) to be filed, (2) the returns were timely filed or it has been at least 2 years since the returns were filed, (3) there was no fraud involved or attempts to evade the tax, AND, (4) the taxes were not assessed within the last 240 days.
You need to have a consultation with a bankruptcy attorney in your area to assess your options and decide the best path.
Mark J. Markus, Attorney at Law
Handling exclusively bankruptcy law cases in California since 1991.
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In this case, the discharge of your debts does not depend on which chapter you file. Your decision as to which chapter will be based on your... Read More
Answered 14 years and 5 months ago by William/J Joanis (Unclaimed Profile) |
1 Answer
| Legal Topics: Bankruptcy
The person who has filed is discharged from their personal obligation to pay it. The debt itself is not discharged, nor is the other obligor on the note. It comes down to whether there is a default under the note. No default, no effect from the bankruptcy.
The person who has filed is discharged from their personal obligation to pay it. The debt itself is not discharged, nor is the other obligor on the... Read More
Answered 14 years and 7 months ago by Mr. Damon Terry Duncan (Unclaimed Profile) |
1 Answer
| Legal Topics: Bankruptcy
It depends. I know that's not a good answer but it really depends upon your state laws. Some states, such as North Carolina, have a statutory right of redemption period or upset bid period where the person has 10 days to cure the default. During those 10 days after the actual foreclosure date the person can still possibly file a Chapter 13 bankruptcy and save their home. I would contact an attorney in your area to determine if there is an "upset bid period".... Read More
It depends. I know that's not a good answer but it really depends upon your state laws. Some states, such as North Carolina, have a statutory right... Read More
Answered 14 years and 8 months ago by Ms. Maureen O'Malley (Unclaimed Profile) |
6 Answers
| Legal Topics: Bankruptcy
Depends on the reason for the sale, to whom, the reasonableness of the price, etc. If the sale is to keep assets from creditors or the trustee you bring a lot of trouble on yourself.
Depends on the reason for the sale, to whom, the reasonableness of the price, etc. If the sale is to keep assets from creditors or the trustee you... Read More
Much more information is needed to make a decision like this. A bankruptcy lawyer will looks at your income and changes over the last 6-12 months as well as what will be happening in the future to determine what the advantages and disadvantages of filing right now would be.
Much more information is needed to make a decision like this. A bankruptcy lawyer will looks at your income and changes over the last 6-12 months as... Read More