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Archive for July, 2007

How Do You Find An Old W-2 To File A Missing Tax Return? »

BAPCPA changes now require the filing of missing tax returns. For debtors without adequate records, this can be a problem.
The IRS retains income reporting documentation and federal withholding records on their computer system for six years and can provide transcripts to an authorized representative through its practitioner priority service.
The IRS does not keep a record [...]

The subprime lenders will crash the stock market »

Bankruptcy Lawyer
Why do we at BLN talk about the stock market? After all, this is a consumer bankruptcy blog. Quite simply, America’s working poor has money in this stock market for retirement, and we look out for the working poor.
I lost my shirt in in March of 2000 when all of those really cool dot-coms [...]

Should you keep the house? »

Rising mortgage defaults have triggered Congressional interest and efforts by lenders to offer borrowers alternatives to foreclosure.   Chapter 13 is a bankruptcy option that allows borrowers to catch up on mortgage arrears and save their homes.  But too few are asking:  should this home be saved?
I see families that are economically crippled by mortgage payments [...]

U.S. Trustee Budget Cut Proposed »

A House Committee has fired a shot across the bow of the government’s bankruptcy enforcer. The problem? Excessive zeal in pursuing anti-consumer provisions of BAPCPA. The target? Every government official’s first love: Their budget.
The committee recommended the Justice Department’s U.S. Trustee Program budget be cut by $34 million (about 15%) from last [...]

Central District Illinois Court Dashes Trustee’s Child Support Collection Hopes »

Shortly after passage of new Code Section 522(c)(1), word spread that trustees could possibly take exempt property to settle domestic support obligations. This section included language that exemptions did not protect property against such debt. Trustees suggested an onslaught against the support obligor in bankruptcy court, ignoring the absence of enabling legislation or [...]

What Can I Do When Bankruptcy Doesn’t Get Rid Of The Tax? »

Bankruptcy can stop collection and eliminate tax debt in many situations.  For more details on tax discharge see the excellent article on this site.  Bankruptcy is very useful in dealing with the IRS but it will not solve all tax debt problems.  Fortunately, there are other ways to stop IRS collection or wage garnishment.
Some types of tax can not be discharged and [...]

Unemployment Income and the Means Test »

Judge Rosenthal recently held In re Munger, — B.R. —-, 2007 WL 1810701 (Bkrtcy.D.Mass. 2007) that unemployment income is not included in the “current monthly income” for purposes of the means test.  The Court stated that the “way in which Congress chose to phrase the references in the sections supports the view that ‘a benefit [...]

Case Filed One Day Too Soon Costs Debtor $20,000 »

A recent case filed in the Southern District of Georgia illustrates the danger of guessing about deadlines. As you may know, the Bankruptcy Code provides that income tax debt may be discharged if the tax debt came due more than three years prior to filing. In the Elkins case, the debtor filed his [...]

How Important Is Your Credit Report After Bankruptcy? »

The simple answer is:  It Depends upon your situation.  Bankruptcy in Southwest Florida is different than anywhere else in the country.  In general, your credit report should be important after bankruptcy if you are interested in financing something in the future.  In Southwest Florida, many  retirees file for bankruptcy protection, and many of them already [...]

Tennessee Leads Bankruptcy Statistics »

According to Jupiter E-Sources, a company that tracks bankruptcy filings, Tennessee is currently leading the rest of the nation in bankruptcy filings.  I am currently writing about the Symptoms of Bankruptcy in separate posts; however, it appears that economically Tennessee is not doing so well.  In addition, Tennessee is well known for being a creditor [...]