Can You Discharge Income Taxes in Chapter 7 Bankruptcy? The short answer is maybe! Prospective bankruptcy clients may owe income taxes to either the Internal Revenue Service and/or the State when filing for Chapter 7 bankruptcy. Most taxes debts will be excepted from the bankruptcy discharge, meaning these debts will survive the bankruptcy and still be due, but there are limited instances where the tax liability can be discharged in Chapter 7 bankruptcy. It is important to discuss these issues with a San Diego Bankruptcy Attorney thoroughly before filing a Chapter 7 bankruptcy, as often the tax year in question

The Means Test determines whether you may be eligible for a Chapter 7 discharge and the amount of your Chapter 13 payments. Supposedly, it is the “perfect formula” from Congress to eliminate judicial discretion in Bankruptcy Cases. If you have too much income under the Means Test, then your Chapter 7 may be dismissed if you do not elect to convert to Chapter 13. For this reason, the Bankruptcy Code includes provisions, such as 11 U.S.C. § 707(b), which is intended to prevent debtors from obtaining Chapter 7 shelter if they have an ability to pay their creditors. In a

Chapter 13 bankruptcy is a powerful debt solution for those looking to reorganize their debts in such a way as to prevent homes from being foreclosed or a vehicle from being repossessed. The focus of this article will be on using Chapter 13 to save your home. Foreclosure proceedings must immediately terminate upon the filing of a Chapter 13 bankruptcy case, allowing debtors breathing room to submit a plan of reorganization to the court. Generally speaking debtors can use the Chapter 13 bankruptcy process to get current with their lender over a 3-5 year period. For example, if the debtor

Once the Bankruptcy is filed, the Bankruptcy Court automatically sets a date for the “meeting of creditors.” In over 99 percent of the Chapter 7 cases we file, there are no “Court Hearings” or other hearings with a judge involved. Instead, there is solely this one “meeting of creditors” that is presided over by a “bankruptcy trustee” who is not a judge, but typically a financial officer or attorney appointed by the United States Trustee to oversee bankruptcy cases. Trustees are private parties and not public officials. Their sole purpose is to make sure you are complying with your duties

Car Repossessed? Immediately get your repossessed vehicles back with Chapter 13 It is not uncommon for many of our clients to come to us too late, such as after a wage garnishment, bank levy, or auto repossession.  Yet most people do not realize that Chapter 13 can return repossessed vehicles immediately, and in most cases without paying any fees.  That’s right!  While you might be told by a creditor that you need to pay $1,800.00 to release the vehicle from impound, Chapter 13 eliminates those fees and allows the immediate release upon bankruptcy notice.