Income tax can, in some instances, be discharged in a personal bankruptcy. In order for income taxes to be dischargeable, the tax returns had to have been filed at least two years prior, and the same amount of time would have to have gone by before they can become dischargeable.

Income tax can, in some instances, be discharged in a personal bankruptcy. In order for income taxes to be dischargeable, the tax returns had to have been filed at least two years prior, and the same amount of time would have to have gone by before they can become dischargeable.

What Are The Exemptions For Bankruptcy In Florida?

In a Chapter 7 case, in order to obtain the benefit of the discharge, meaning the wiping out of the debt, the tradeoff that the federal government has set is that a consumer is limited on the amount of assets they can keep. The exemptions are the list of property that comes from state and federal law, which says which things you are allowed to keep. In Florida, the abbreviated list includes your homestead or primary residence, a certain allowance of personal property, which includes basic household goods, a limited allowance of vehicle equity, retirement funds, and some other assets. In cases outside of Chapter 7, such as Chapter 13, you are allowed to keep all of your assets, but the exemptions may affect your monthly repayment plan.

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Are Retirement Accounts Protected from Bankruptcy?

Financial distress is difficult for everyone, but no more so than for individuals worried about the safety of their hard-earned savings stashed in retirement funds. As such, many are concerned about whether retirement accounts and bankruptcy can coexist without destroying their financial future. The good news is most retirement accounts are protected during the bankruptcy process. That includes full protection of employer-sponsored plans like 401(k)s and IRAs, up to a certain amount. Further, some states offer additional protections. Continue reading to learn more about how to keep your retirement funds safe during tough financial times. Types of Retirement Accounts and… Read More

Debts That Are Not Dischargeable in Bankruptcy Explained

Every year between 400,000 and 500,000 people file bankruptcy in the U.S. This legal process helps individuals and businesses get much needed relief from debts they can no longer pay. But it’s important to note that not all debts can be discharged via bankruptcy process. In fact, there are many types of non dischargeable debt bankruptcy that can’t be eliminated by filing chapter 7 or chapter 13. As such, these debts remain the responsibility of the debtor even after you’ve completed the bankruptcy process. Types of Non Dischargeable Debts in Bankruptcy What Are Non-Dischargeable Debts? If you’ve ever wondered “What… Read More

How Long Does a Bankruptcy Stay on Your Credit Report?

Bankruptcy isn’t an easy process. It will certainly have an impact on your credit report. However with proper planning and disciplined execution, bankruptcy can offer you fresh start. One of the main drawbacks is the long-term effects it can have on your credit history. In this article we’ll explore answers to the following questions: How long does a bankruptcy stay on your credit report? Why does bankruptcy stay on credit report for so long? How to rebuild your credit post-bankruptcy? If you’re considering bankruptcy, you’re not alone. The debt attorneys at Ziegler Diamond Law are here to help walk you… Read More

Predatory Lending? How to Sue a Mortgage Company Explained

Homeownership is the ultimate dream for many people. Unfortunately, some mortgage companies take advantage of this and engage in predatory lending practices that can turn that dream into an absolute nightmare, so many may wonder, “can I sue mortgage company?” “how do I sue my mortgage company?” or “what are reasons to sue a mortgage company?”. Not only can predatory lending leave borrowers trapped in high-interest loans, but they’re also saddled with unfair terms. This can (and usually does) result in financial hardship, stress and even the loss of their homes. If you or a loved one have been a… Read More

Florida Deed in Lieu of Foreclosure as a Foreclosure Defense

If you’re facing foreclosure in Florida, it can be a stressful and overwhelming experience for you and your loved ones. The state’s foreclosure process is notoriously complex, and if you’ve fallen behind on mortgage payments, it can feel nearly impossible to catch up – But, you have options. Depending on the circumstances of your case, using a lesser-known legal strategy, called a “deed in lieu of foreclosure” may provide a solid defense against losing your home. Continue reading to learn the ins and outs of the deed in lieu process in Florida, including requirements, benefits, and the best ways to… Read More

Unpacking the Truth: Can I File Bankruptcy on Student Loans?

With more than 43 million Americans holding student loan debt, it’s safe to say that we’re in a national crisis. Ten of millions of borrowers feel like they’re trapped and have no way to escape the quagmire of debt. When the typical repayment options fail, many wonder, “Can you file bankruptcy on student loans”? Unfortunately, the best answer to that question is, “maybe.” That’s because U.S. bankruptcy laws make it extremely difficult (if not impossible) to discharge student loans. If you’re feeling overwhelmed by your debt obligations, there are many potential debt relief options available to you. Contact us today… Read More

Bankruptcy Trustee Investigations: What You Should Know

Bankruptcy can be a stressful, complex and drawn out process that includes many vital actors: at the heart lies the bankruptcy trustee. This individual plays an essential role in the most critical phases of bankruptcy. As such, their actions or inactions can greatly influence the outcome of your case. In this article, we’ll discuss the ins and outs of a trustee, including the role of bankruptcy trustee in investigations, the differences in this respect between some bankruptcy chapters and what their work means for your case. The Role of a Bankruptcy Trustee Understanding what a bankruptcy trustee does can help… Read More

Discover the Truth: Facts About Bankruptcy

People file bankruptcy for all sorts of reasons. However, many stop short of filing due to misconceptions about the process. In this article we’ll debunk some of the most common bankruptcy myths and highlight real interesting facts about bankruptcy. By the time you’re finished reading you should have more clarity and a better understanding before making this significant financial decision in your life. If you’re considering Chapter 7 or Chapter 13 bankruptcy but aren’t sure if it’s right for you, we’re here to help. Contact us today to speak with a top rated bankruptcy lawyer in Florida about the details… Read More

A Closer Look: Can You File Bankruptcy on Child Support?

If you’re thinking about filing for Chapter 7 or Chapter 13, it’s absolutely essential to understand the relationship between filing for bankruptcy and child support obligations. While filing bankruptcy (specifically Chapter 13) won’t help you discharge child support payments that are past-due, it can potentially help you get caught up. Continue reading to learn more about how child support is treated amidst bankruptcy proceedings (including how it affects arrears and ongoing payments), the differences between the chapters in this context as well as what you should know about the legal implications. How Does Bankruptcy Affect Child Support The Status of… Read More

Explained Pros and Cons of Bankruptcy Chapter 13

Chapter 13 offers a unique opportunity to repay and even reduce some of your debts via a reorganization plan – Which can be an absolute lifeline if you’re drowning in bills, missed payments and debt collection efforts. Generally, this bankruptcy chapter is an alternative to Chapter 7 that focuses more so on debt repayment in lieu of asset liquidation. In this article we’ll explore the inner workings of Chapter 13, including what it is, how it works, pros, cons and more. If you have additional questions about filing Chapter 13 bankruptcy or about the benefits of bankruptcy chapter 13, we’re… Read More

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