Tax Debts

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Can tax debt be eliminated through bankruptcy? Most people would tell you, “No”. But that is not entirely true. The good news is that you can eliminate tax debts through bankruptcy, although not all of it. The question is which tax debts can bankruptcy eliminate and which bankruptcy cannot. To be able to distinguish which tax debts can be discharged through bankruptcy, you should consult a bankruptcy lawyer.

The fact is some tax debts can be discharged through Chapter 7 bankruptcy while others can be dealt with through Chapter 13 bankruptcy. The taxes that cannot be discharged through a Chapter 7 bankruptcy might be able to be paid off through a Chapter 13 bankruptcy without being penalized with interest payments.

There is a timing factor that determines the dischargeability of your tax debts. Generally, if you have been filing and paying your taxes honestly to the best of your capabilities through the years, then the tax debts that are longer than 3 years prior to the date of filing of bankruptcy can be discharged by the bankruptcy court. But your most recent taxes like you current year’s tax bill is unlikely to be discharged.

But the IRS will go through your old tax returns with very thoroughly. And if they do find any dishonesty or discrepancy in your tax submissions, the bankruptcy court will not allow you to discharge your old tax debts.
How you treat your taxes during your bankruptcy process also plays a role. If you fail to file a tax return or file one late during the course of your bankruptcy, you risk having the court throw out your entire bankruptcy case. So if you do not want to see your bankruptcy case dismissed altogether, you should stay current with your tax filings.

If you are living under a heavy load of debt, whether they be tax debts or other debts, consider bankruptcy as a way out. Call us at (813) 200 4133 for a free consultation.ted through bankruptcy? Most people would tell you, “No”. But that is not entirely true. The good news is that you can eliminate tax debts through bankruptcy, although not all of it. The question is which tax debts can bankruptcy eliminate and which bankruptcy cannot. To be able to distinguish which tax debts can be discharged through bankruptcy, you should consult a bankruptcy lawyer.

The fact is some tax debts can be discharged through Chapter 7 bankruptcy while others can be dealt with through Chapter 13 bankruptcy. The taxes that cannot be discharged through a Chapter 7 bankruptcy might be able to be paid off through a Chapter 13 bankruptcy without being penalized with interest payments.

There is a timing factor that determines the dischargeability of your tax debts. Generally, if you have been filing and paying your taxes honestly to the best of your capabilities through the years, then the tax debts that are longer than 3 years prior to the date of filing of bankruptcy can be discharged by the bankruptcy court. But your most recent taxes like you current year’s tax bill is unlikely to be discharged.

But the IRS will go through your old tax returns with very thoroughly. And if they do find any dishonesty or discrepancy in your tax submissions, the bankruptcy court will not allow you to discharge your old tax debts.
How you treat your taxes during your bankruptcy process also plays a role. If you fail to file a tax return or file one late during the course of your bankruptcy, you risk having the court throw out your entire bankruptcy case. So if you do not want to see your bankruptcy case dismissed altogether, you should stay current with your tax filings.

If you are living under a heavy load of debt, whether they be tax debts or other debts, consider bankruptcy as a way out. Call us at (813) 200 4133 for a free consultation.

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    Filed under Chapter 7 (Tampa) by on . Comment#

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    Chapter 13 Bankruptcy is the section of the bankruptcy code that allows you to pay off your debts according to a court-approved repayment plan.  One advantage of filing Chapter 13 bankruptcy is that all debt-collection activity against you automatically ceases by law.  This includes the action most homeowners are terrified of – foreclosure.  In addition, a Chapter 13 bankruptcy also stops interest and penalties from accumulating on your unsecured debts such as credit card balances, medical bills and tax debts.
    The most essential part of a Chapter 13 bankruptcy is the debt-repayment plan. The plan takes into account your ability to pay regular monthly installments to clear off your debts before emerging from bankruptcy.
    Under Chapter 13, you do not have to fully repay your unsecured debts as long as you pay your unsecured creditors at least as much under the plan as they would receive if your assets were liquidated under Chapter 7 bankruptcy.  However, secured debts like a mortgage or car loan must be repaid in full.
    If you have refinanced your home and now find that its value is lower than the amount of your mortgage (i.e. your property is “underwater”), Chapter 13 bankruptcy may allow you to “strip” the second mortgage (called lien stripping).  The second mortgage can be placed in the Chapter 13 repayment plan as an unsecured loan, essentially treating the second mortgage like an unsecured debt, which may not be required to be paid in full before discharge in Chapter 13 bankruptcy.
    If your mortgage holder objects to lien stripping, then you may need to have the home valued by a valuation expert.  Whether your circumstance requires a valuation depends on your loan documents.  Call us at (813) 200 4133 for expert advice on this matter.
    The next step in Chapter 13 bankruptcy is to hold the meeting of creditors between 20 and 50 days after filing the bankruptcy petition.  This meeting will be conducted by the court-appointed bankruptcy trustee during which the trustee and creditors may ask you questions regarding your financial status and debt.  You are obligated to attend this meeting and answer questions under oath.  If you need guidance on how to go through a meeting of creditors, call us at (813) 200 4133 for a free consultation.
    Finally, after the meeting of creditors, the bankruptcy court will review the plan before confirming or rejecting it.  Any of your creditors may object to the confirmation.  However, most times Chapter 13 petitions are confirmed as long as there are no serious errors.
    If you are struggling with insurmountable debt, call us for a free consultation at (813) 200 4133.

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      Filed under Chapter 7 (Tampa) by on . Comment#

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      Former NBA star Antoine Walker filed for personal (Chapter 7) bankruptcy in a US bankruptcy court in Miami on May 18. According to court documents, the ex-Miami Heat and Boston Celtics forward owes some $12.7 million to creditors and owns assets amounting to only $4.3 million. Among his debts were $1.27 casino debts. Walker also faces 20 foreclosures and numerous related lawsuits on his many properties.

      Sources from the world of sports listed Walker’s earnings at $110 million throughout his 12 year playing career. Chapter 7 bankruptcy means that the court will supervise and approve of the sale of Walker’s assets in order to repay his debts. Some of his assets, like his primary residence, by law are not subject to liquidation but the rest would be sold and the proceeds distributed to creditors beginning with secured creditors first. All debts that remain unpaid after all assets have been liquidated are usually cancelled. In the same way, some debts cannot be canceled, such as child support and tax debts.

      Walker filed for bankruptcy after receiving a foreclosure notice on a $2.3 million mansion in Chicago he bought for his mother. Besides this mansion, Walker has listed another 3 properties that are to be sold in the bankruptcy proceedings. The total market value of the 4 properties is about $4 million. All 4 properties face foreclosure lawsuits in addition to foreclosures on some other business holdings.

      The former Kentucky Wildcat owes various parties debts of different amounts. One of his largest unsecured debts is a $770,000 gambling debt that he owes to Harrah’s Entertainment in Las Vegas. Another gambling debt listed was a $500,000 loss owed to Ameristar Casino in East Chicago.

      In addition, Walker owes the District Attorney in Las Vegas restitution amounting to $750,000 and he also owe sports agent Mark Bartelstein a sum of $458,000. Last year, Walker was arrested in Las Vegas for allegedly writing bad checks but was later given a deferred charge because he agreed to a payment plan.

      Walker and his family’s expenses each month are quite staggering amounting to $78,000 on average. This includes $1,000 for clothes, $400 for maintaining their swimming pool and $1,200 for housekeeping. Some of the items Walker would likely sell are his 2008 Range Rover, a designer watch worth $20,000 and his 2006 NBA Championship ring which is worth $6,000 according to Walker.

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      Filed under Chapter 7 (Tampa) by on . Comment#

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      Here are some grim statistics for the first quarter of 2010. The number of bankruptcy filings in Tampa/Fort Myers division (Polk included) jumped almost 21%. This is mirrored by the eerily similar rise of 21% in bankruptcy cases in the Middle Disctrict of Florida (including Orlando and Jacksonville). In fact, the 16,149 bankruptcy cases filed there gave the Middle District bankruptcy court the unenviable record of being the second busiest bankruptcy court in the country, behind only the Central District of California bankruptcy court.

      March 2010 was one of the Middle District bankruptcy court’s busiest month on record. It was third only behind the two months prior to the time when the bankruptcy laws changed with the passing of the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA). The BAPCPA was supposed to deter individuals from filing for bankruptcy, especially Chapter 7 bankruptcy as a means of copping out of their tax debts.

      And from the look of things, there seems no evidence of this trend abating anytime soon.

      Experienced bankruptcy lawyers predict that the peak in number of bankruptcies will only come in a year or 18 months’ time before the numbers slide. US Bankruptcy Judge Catherine Peek McEwen is handling 6,500 cases in Tampa. The District Chief Judge in Jacksonville had forewarned his judges to anticipate a year of record numbers of bankruptcy filings.

      What appears to be affecting consumers in Florida most are the combined effects of the state’s 12.2% unemployment, low housing prices and a huge backlog of foreclosure cases. Although banks are starting to lend again at a ‘modest’ level, the unemployment rate is yet to show a significant drop. Unemployment and bankruptcy both go hand in hand and are usually the last to be overcome in an economic recession. It is not uncommon to find unemployment still rising even after the recession has officially ended. Bankruptcy improvements tend to show even later as it is often a last resort people take for themselves and their businesses.

      There has been a wide range of businesses going bankrupt from property developers to retailers. Even professionals and certain franchises have not been spared. Recently, a local Church’s Chicken, several Dunkin’ Donuts franchisees and an Arby’s chain have all filed for bankruptcy.

      Of those who file for personal bankruptcies, most have problems with paying for their properties. Banks have been criticized for being reluctant to reduce principal amounts in mortgages and slow in revising mortgage terms to help struggling borrowers.

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      Filed under Chapter 7 (Tampa) by on . Comment#

      0

      Here are some grim statistics for the first quarter of 2010. The number of bankruptcy filings in Tampa/Fort Myers division (Polk included) jumped almost 21%. This is mirrored by the eerily similar rise of 21% in bankruptcy cases in the Middle Disctrict of Florida (including Orlando and Jacksonville). In fact, the 16,149 bankruptcy cases filed there gave the Middle District bankruptcy court the unenviable record of being the second busiest bankruptcy court in the country, behind only the Central District of California bankruptcy court.

      March 2010 was one of the Middle District bankruptcy court’s busiest month on record. It was third only behind the two months prior to the time when the bankruptcy laws changed with the passing of the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA). The BAPCPA was supposed to deter individuals from filing for bankruptcy, especially Chapter 7 bankruptcy as a means of copping out of their tax debts.

      And from the look of things, there seems no evidence of this trend abating anytime soon.

      Experienced bankruptcy lawyers predict that the peak in number of bankruptcies will only come in a year or 18 months’ time before the numbers slide. US Bankruptcy Judge Catherine Peek McEwen is handling 6,500 cases in Tampa. The District Chief Judge in Jacksonville had forewarned his judges to anticipate a year of record numbers of bankruptcy filings.

      What appears to be affecting consumers in Florida most are the combined effects of the state’s 12.2% unemployment, low housing prices and a huge backlog of foreclosure cases. Although banks are starting to lend again at a ‘modest’ level, the unemployment rate is yet to show a significant drop. Unemployment and bankruptcy both go hand in hand and are usually the last to be overcome in an economic recession. It is not uncommon to find unemployment still rising even after the recession has officially ended. Bankruptcy improvements tend to show even later as it is often a last resort people take for themselves and their businesses.

      There has been a wide range of businesses going bankrupt from property developers to retailers. Even professionals and certain franchises have not been spared. Recently, a local Church’s Chicken, several Dunkin’ Donuts franchisees and an Arby’s chain have all filed for bankruptcy.

      Of those who file for personal bankruptcies, most have problems with paying for their properties. Banks have been criticized for being reluctant to reduce principal amounts in mortgages and slow in revising mortgage terms to help struggling borrowers.

      Filed under Chapter 7 (Tampa) by on . Comment#

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