QUESTION

Why does my credit card company sent me a W9 form to fill out since my chapter 13 has just been discharged?

Asked on Dec 10th, 2014 on Bankruptcy - Michigan
More details to this question:
Are they supposed to send me this form?
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6 ANSWERS

Debt Settlement Attorney serving San Diego, CA at Law Offices of Kathryn Tokarska
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I think you mean 1099. There is a form that you can file with the IRS to address this. Debt discharged in bankruptcy is excepted from taxation. Sometimes a creditor will make a mistake and issue an 1099. All you need to do is when you file your tax return include the 1099 and a extra form, form #982. Here is a link to IRS website discussing this issue: http://www.irs.gov/uac/Form-982,-Reduction-of-Tax-Attributes-Due-to-Discharg e-of-Indebtedness-(and-Section-1082-Basis-Adjustment) and a link to the form itself: http://www.irs.gov/pub/irs-pdf/f982.pdf Hope this helps.
Answered on Dec 11th, 2014 at 2:41 PM

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Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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The credit card company, apparently, intends to file a 1099 reporting the "forgiveness of indebtedness" to the IRS. "Forgiveness of indebtedness" is the amount you owed the credit card company less any payments which were made in the Chapter 13 plan. Debts discharged in bankruptcy are not considered income under the tax law, so the W-9 doesn't apply in your case. I would advise you not to send it back.
Answered on Dec 11th, 2014 at 2:40 PM

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Bankruptcy Attorney serving Las Vegas, NV
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If you received a discharge then no.
Answered on Dec 11th, 2014 at 10:19 AM

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They probably should not send you the form. In a bankruptcy, the discharge of debts generally does not have any tax consequence. Outside of bankruptcy, there are some circumstances where forgiveness of a debt could lead to taxable income, and that is when the bank should be sending out such documents. But there may be some other reason. Why not call the bank and find out why they sent the paper to you?
Answered on Dec 11th, 2014 at 10:18 AM

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Bankruptcy Attorney serving Schenectady, NY
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They want to report the loss but they can not do that in a bankruptcy.
Answered on Dec 11th, 2014 at 8:08 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Yes, seek tax counsel.
Answered on Dec 11th, 2014 at 7:42 AM

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