3 legal questions have been posted about bankruptcy by real users in Alaska. 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.
ALL assets and ALL liabilities are included in bankruptcy. Each are given different priority. Taxes are a liability, they are included and given their priority. You should contact an attorney who specializes in bankruptcy in your area to assist you during this time.
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.
Tai Figueiredo
Paralegal BOTELHO & ASSOCIATES, LLCAttorneys At Law www.massachusettslawyeronline.com126 Shove Street Unit 202 Fall River, MA 02724 Office: 888-269-0688FAX: 877-475-8147
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ALL assets and ALL liabilities are included in bankruptcy. Each are given different priority. Taxes are a liability, they are included and given...
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I would take the position that if the overpayment was made prior to you filing your chapter 7 case, that it is included in your bankruptcy and was discharged (assuming you listed the SSA as a creditor). Depending on where your case was filed, even if you didn't list them, if your Chapter 7 had no assets distributed by the Trustee, you still should have been discharged from the debt.
You should consult with a bankruptcy attorney in your area for more details.
Mark Markus has been practicing exclusively bankruptcy law in California since 1991. He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization, AV-Rated by martindale.com, and A+ rated by the Better Business Bureau. CONTACT MARK for more information or to schedule an appointment. ...
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I would take the position that if the overpayment was made prior to you filing your chapter 7 case, that it is included in your bankruptcy and was...
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A creditor can object to the discharge of a debt pursuant to 11 U.S.C. 523 if they can prove that at the time the debt was incurred the debtor did not intend to repay the debt. So, if the medical creditors are able to prove that, those debts might not get discharged. Having said that, I have never seen a medical creditor file an objection to the discharge of a debt. Moreover, they would have to object within the narrow time frame set forth under the Bankruptcy Rules, and most medical agencies are not sufficiently organized to even recognize a bankruptcy case has been filed during that time frame, much less figure out they have grounds to object.
You should, nevertheless, consult with a bankruptcy attorney in your area for more specifics on how these types of things are handled in your jurisdiction and to discuss all relevant factors.
Mark J. Markus, Attorney at LawCertified Bankruptcy Law Specialist--State Bar of California Board of Legal SpecializationHandling exclusively bankruptcy law cases in California since 1991.http://www.bklaw.com/bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/Follow Me on Twitter: @bklawr...
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A creditor can object to the discharge of a debt pursuant to 11 U.S.C. 523 if they can prove that at the time the debt was incurred the debtor did...
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