March 2010

As you know from the previous “Tax Facts”, when mortgage debt is forgiven, it can be excluded from income if it is qualified principle residence debt, and you know that a qualified principal residence must be the main home of the taxpayer.  What happens to mortgage debt that is cancelled on a second home, rental [...]

How to file bankruptcy – #7 of a series – What’s income for the means test?

by David Leibowitz, Illinois and Wisconsin Bankruptcy Attorney

Most people find the Means Test a pain the butt.  I do.  One thing clients don’t understand is why their spouse’s income matters even if their spouse isn’t filing a bankruptcy case.  That’s because Congress says it matters. If you are receiving support in your household from your spouse, then you’re supposed to have that [...]

UNBUNDLED LEGAL SERVICES IN BANKRUPTCY – PART ONE

by Gini Nelson, New Mexico Bankruptcy Lawyer

This introduces a series on what can be called unbundled law. Others call it an à la carte approach to offering legal services to individuals. The main difference with this approach is that a client represents herself for some portion of her participation in a legal matter rather than having an attorney represent her for [...]

Can’t make Chapter 13 bankruptcy payment?

by Cathy Moran, California Bankruptcy Lawyer

When you can’t make the payments on a confirmed Chapter 13 plan, there are hard choices to make.  There are several alternatives that we’ll explore over the next week.   My usual favorite option, however, is a hardship discharge under §1328(b). A bankruptcy discharge under §1328(b) wipes out all the debt that would have been [...]

Tax Fact 7-IRS Form 982 is Important

by Kent Anderson, Oregon Bankruptcy Attorney

The IRS wants you to know, in Tax Fact 7, that you must use Form 982 in order to claim that forgiven mortgage debt should not be included in your income for tax purposes.  IRS Form 982, entitled “Reduction of Tax Attributes Due to Discharge of Indebtedness” must be attached to your federal income tax [...]

How to file bankruptcy – number 6 of a series – the Means Test

by David Leibowitz, Illinois and Wisconsin Bankruptcy Attorney

Every individual who files a bankruptcy case must file a means test form.  It doesn’t even matter if you are exempt from the means test, you still have to fill out the form.  It’s complicated.  (I thought that was only for relationships on Facebook – maybe not).  Why?  You have to prove to the satisfaction [...]