Tax Debt is Discharged in Bankruptcy because IRS May Have Lost Tax Return!
Tax debts are one of those tricky things in bankruptcy where if everything wasn’t done right, then the debt doesn’t get discharged. The debtor has to file any missed returns. There are time periods that have to be cleared. Each tax year has to be considered on its own. In a very interesting case, a […]
KEEP READING . . .Must a debtor reaffirm a secured debt to avoid foreclosure and eviction?
The intersection between foreclosure and bankruptcy is pretty heavy. Over the last ten years, as people have resorted to bankruptcy to try and save their houses from foreclosure, plenty of interesting questions have arisen. Most commonly, if someone wanted to keep real property that they were losing in foreclosure, they would try to obtain a […]
KEEP READING . . .Debtor Gets Student Loans Discharged in Bankruptcy Case!
[huge_it_video_player id=”9″] In a prior post, I reviewed a case where a husband and wife couple in Arkansas had a bankruptcy court decide that their student loans are NOT dischargeable based on the totality of their circumstances. In this post, we’ll take a look at a case where a bankruptcy court in Arkansas conducted a similar […]
KEEP READING . . .4 Tips to Help Plan What to Wear to Your Bankruptcy 341 Meeting
It’s a question that every bankruptcy attorney gets asked. It’s also something that’s so simple and often overlooked, but can lead to disaster. The question is what should a bankruptcy debtor wear to the 341 meeting of creditors. Here are four things you should keep in mind when thinking about what you should wear to court […]
KEEP READING . . .Does Bankruptcy Automatic Stay Stop Child Support Proceedings?
[huge_it_video_player id=”7″] People file for bankruptcy for many reasons. Often, one pressing reason is to get a stay of some kind of case or some kind of judgment execution, such as a garnishment. Claims for domestic support obligations (DSOs) hold a special place in the bankruptcy code, as it is afforded greater priority and protection […]
KEEP READING . . .3 Things to Ask Bankruptcy Lawyer Before Choosing One to Represent You
[huge_it_video_player id=”6″] For most people that think about it, the decision to file for bankruptcy is not an easy one. There are often feelings of failure and defeat attached to a filing. I think many of us take on credit with the full intention of paying, and try to pay back debts. That being said, […]
KEEP READING . . .Foreclosure Mortgage Servicer to Defend Alleged Violation of FDCPA
[huge_it_video_player id=”5″] A mortgage servicer’s motion to dismiss a consumer protection complaint in Florida was denied. This case is representative of the behavior many debtors experience after their bankruptcy case is over, especially if they had owned a house that was in foreclosure. Fortunately, the judge in this case is holding the servicer accountable for […]
KEEP READING . . .Is Avoiding Payment of Debt ‘Bad Faith’ in a Bankruptcy Case?
[huge_it_video_player id=”4″] Bankruptcy is a tough space. People and businesses don’t want to file. Creditors don’t want debts owed to them discharged. Notwithstanding, this is the system we have in place. When a bankruptcy is filed, the laws are designed to balance the fresh start contemplated and desired by a debtor with the rights and interests […]
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