Washington Bankruptcy Legal Questions

That is a question only a CPA can answer, but you need to file IRS Form 982 in the tax year in which you received your discharge. See my article on filing taxes after bankruptcy for more information on this and a discussion of whether debts that are discharged in bankruptcy become taxable income to the taxpayer/debtor.  ... Read Answer

No, bankruptcy cannot be used to discharge taxes (most of the time). After a certain duration of time and under certain circumstances you may write off a portion of taxes, but this is usually not the case. You cannot use chapter 13 bankruptcy to eliminate taxes, although you may use it to enter into a repayment plan to pay taxes either to the IRS or the Department of revenue in the state you live in. There are some things that bankruptcy simply is not going to help you with automatically, student loans, taxes, spousal support, child support and a few others. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147 #bankruptcy  #lawyer  #FallRiver  #Chapter7  #chapter13  #debt  #debtsettlement  #foreclosure  #attorney   #cantpaybills  #lawsuit  #court  #bankruptcycourt  #eviction  #lostmyjob... Read Answer

Most likely you will not be able to discharge a lean for taxes due to the Department of revenue. Most taxes, fines and liens from government institutions such as the IRS, D.O. R and student loans cannot be discharged in bankruptcy. Basically the government always gets its money. There are a certain in few exceptions, but those rarely are able to be employed by the average person. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147 #bankruptcy  #lawyer  #FallRiver  #Chapter7  #chapter13  #debt  #debtsettlement  #foreclosure  #attorney   #cantpaybills  #lawsuit  #court  #bankruptcycourt  #eviction  #lostmyjob... Read Answer

Any monies that are to be paid to a creditor who you have been discharged in bankruptcy and no longer are obligated to pay that debt, that money would still go to them. Bankruptcy remove your obligation to pay a debt, it does not destroy the actual debt, only your legal obligation to pay. Therefore if a lawsuit or some other third-party financing had come up which was meant to pay off that debt, that money should go to that particular creditor. This is usually handled by the bankruptcy trustee handling your case. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147... Read Answer

When filing for either a chapter 7 bankruptcy or a chapter 13 bankruptcy, you need only include "household income". This basically means the income from the people who live in your home and contribute their income to the household expenses. Since you are going to a divorce there may be temporary support judgments in place where your spouse has to pay you weekly or monthly support payments. If that is the case and those support payments will go towards your income, but you do not need to include the income of your spouse, as you live in separate homes. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147... Read Answer

If all of your assets are exempt under your state's laws and your only income is social security, then you certainly don't need to file bankruptcy, but there may be benefits to doing so. 1.  Your creditors would stop harassing you 2.  You can rebuild your credit more quickly 3.  You can get assets and not have to worry about them being taken.   See more on whether you need to file a bankruptcy case.  ... Read Answer

I think you are confusing the concept of a discharge with removal of a lien. My article on discharge of mortgage debts in bankruptcy may be of assistance to you, but to address your question: The debt to the lender was most likely discharged in your bankruptcy case.  However, if they had a lien against your property on the date your Chapter 7 case was filed, then that lien remains against your property after discharge.    You say they are disputing the discharge of their loan.  How are they doing that?   Have you obtained a title report on your property to see if they have a lien?  It's not clear from your facts whether they ever properly recorded a Deed of Trust giving them a lien against your property, but it would be extremely unusual if they did not.  ... Read Answer

The question does not have sufficient information to determine if a conflict might exist. This is not something that can be answered in the abstract. Issues include whether the attorney is a witness and whether he is trying to represent both himself and another party in a case in which his conduct is at issue.... Read Answer

All your debts must be "included" in a bankruptcy filing. You are required to disclose and list EVERY debt you owe whether you want or must repay. The harder question is whether your federal taxes will be dischargeable, and if they are from recent years the answer will be no. If you are planning to file a chapter 13 case to try to save your home I certainly hope you have hired an experienced lawyer to help you. Chapter 13 cases are complicated and difficult - so much so that many bankruptcy lawyers choose not to do them. If you are serious about trying to prevent a foreclosure you MUST find a lawyer to work with, and it will be much easier to do that BEFORE you file the case on your own rather than after the fact when you realize you are in over your head.... Read Answer

Yes, but it could cost you more than just hiring the attorney in the first place because if the paperwork is not done right, a lot of work and time will have to go into cleaning it up and in bankruptcy, there are some things that simply cannot be "fixed" if not done correctly the first time.... Read Answer

A Michigan court Judgment is valid for 10 years. A judgment creditor has the right to begin to collect the money before the judgment expires based on the statute of limitations. A creditor may continue collecting on a judgment after the initial judgment's expiration date if the judgment has been renewed. A motion to renew a judgment must be filed before the original judgment expires. A renewal of a judgment extends the judgment for the same period of time as the original judgment. The statute of limitations is tolled (stopped) during the time that the judgment is being paid in installments. In your case, the creditor may have extended their judgment.... Read Answer