It is difficult to have a Frequently Asked Question section on a website because most cases have their own, unique, set of circumstances. Visitors of this website should not take any action or inaction based upon the answers provided herein. Visitors should not construe anything on this website to be legal advice. Legal advice only occurs during a face to face paid consultation with the Client.
Q: Do I get to keep my property if I file for bankruptcy?
A: 99.9% of people get to keep their property in bankruptcy. The less than one percent who don’t, already know they are giving up their property before their case is filed. If your property is valued beyond the limits allowed, you can file a chapter 13 bankruptcy and not lose your property. We’ve never seen a bankruptcy trustee in a chapter 13 case take someone’s property.
Q: Can I discharge my taxes in bankruptcy?
A: In a chapter 7 bankruptcy, most of the time taxes are not dischargeable. There is several steps that need to be evaluated to determine whether taxes can be dischargeable. Beware of attorneys who simply ask, “are the taxes more than 3 years old.” There are many additional items that need to be analyzed to determine whether the taxes will be discharged. The rules are straightforward, either the taxes are, or aren’t, dischargeable……you can’t talk a judge into it and there is no fancy lawyering that get them discharged if the law says otherwise. In chapter 13, you can pay your taxes during the life of the chapter 13 Plan without penalties or interest accruing and the IRS/State must leave you alone while the Plan proceeds.