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  • Taxes in Bankruptcy

    Taxes in Bankruptcy

    People with overwhelming debts often seek bankruptcy as a viable solution. However, even in bankruptcy, certain debts such as secured debts like mortgage and car loan as well as government taxes and child and spousal support cannot be avoided. Apart from federal taxes, certain states like California also impose state income tax on its citizens. Similar to credit card debt, tax debt also gets added up and often becomes difficult to manage. A bankruptcy filing can definitely get rid of your unsecured debts but many people are confused regarding its effect on their taxes.

    What to know before filing for bankruptcy?

    According to Los Angeles based bankruptcy law firm Recovery Law Group , a number of options are available for dealing with income tax debts prior to bankruptcy filing such as “offer in compromise” (OIC), installment agreements, or filing a previous tax return. Since every financial obligation and individual circumstances are different, the solution also needs to be tailor-made for every client, after careful consideration of all factors.

    OIC option is available to taxpayers with no delinquent returns, who have made all tax payments and are not involved in active bankruptcy. OIC is similar to debt settlement, you offer to pay IRS less than what you owe and if the terms are agreed, you will be able to satisfy your debts. This option is excellent for those people having a higher tax liability and lower income to pay off debts. Initial high payment is expected from the taxpayer in OIC apart from complete compliance with the terms and conditions during the tenure and an additional 5 years after that.

    You can also avail to pay your taxes in installment if the IRS agrees. An installment agreement makes you compliant in the IRS’s eyes and prevents any possible debt collection steps. Additional benefits include reduction of harassed phone calls and letters from IRS while the downside to the agreement is that you continue accumulating interest on the tax obligation for the amount of time it takes to pay the debt.

    Another way of addressing this delinquent tax debt is to file for amended past due to tax return. This option is preferred as filing for it results in a direct reduction in tax liability due to preparer error. It is essential to weigh all the options with your bankruptcy lawyer or financial/tax expert who is aware of statutes of limitations as well as applicable tax codes.

    Viability of bankruptcy 

    Filing for bankruptcy might relieve you of some tax liability from both federal income tax as well as the state tax. However, the tax debt discharge depends on a number of factors like:

    1) duration of tax debt, depends on the date tax returns were due when bankruptcy papers were filed.

    2) the date when tax assessment was due.

    3) whether you are guilty of avoiding (willful or fraudulently) any tax debt.

    4) apart from this, to discharge federal and California state tax during bankruptcy, you need to fulfill these requirements –

    * tax debt is due for over past 3 years from the more recent of either an extension or the original filing date;

    * taxpayer had filed returns in a timely fashion or it has been a minimum of 2 years since the tax returns were filed;

    * taxpayer has not attempted to commit any fraud or tax evasion and the taxes have not been assessed in the past 240 days (240-day rule)

    Benefits of the automatic stay in bankruptcy 

    Consumers can file for bankruptcy under either chapter 7 or chapter 13. In the case of former, all unsecured debts are discharged including income tax if you meet the above-mentioned conditions. During chapter 13 a repayment plan is devised to make payments to all your creditors including IRS if you have included them. You can also enter in an agreement with the IRS to get a rebate in your debts. Any remaining debts are discharged after the duration of your repayment plan. This may include income tax debts if you meet the criteria.

    Whichever chapter of bankruptcy you choose to file under, both come accompanied with the benefit of the automatic stay. This puts all collection actions including foreclosure, wage garnishment and repossession on hold.

    Though you might not be able to get all your tax liabilities discharged when you file for bankruptcy, you might be able to come to a working agreement with the tax credit on a repayment plan within the bankruptcy.

    In case the IRS has obtained tax lien against your property, bankruptcy won’t be able to help you much. Though they will retain the claim on your property, your personal liability will be wiped out. In this case, if the IRS sells the property and gets less than what you owe, you cannot be held for any deficiency. Bankruptcy ensures that none of your assets are seized by the IRS without court permission.

    To fully understand your rights when it comes to taxes and bankruptcy you need to be aware of IRS bankruptcy tax guide. In case you are struggling with tax debts and are considering bankruptcy as an option, call 888-297-6203 to consult with expert bankruptcy lawyers regarding your case.


      *Are you more than 60 days past due on your mortgage?

      *Do you own a home?

      Are you currently working?

      By clicking “Submit”, whether I do or do not purchase any products or services on this website, I hereby give my express written consent to receive calls and SMS/text messages, including calls and SMS/text messages made and sent using automated dialing equipment and/or pre-recorded or artificial voice technology and email, about offers and deals that I wish to be kept informed about from (“Partners”), at the phone number and/or email address provided on this form, including any wireless numbers provided, even if I have previously registered the provided number on any Do Not Call Registry. If I do not make a purchase on this website, it is expressly understood that the Partners retain permission to contact me as specified earlier in this paragraph. Carrier SMS/MMS and data messaging rates apply. I also agree that by clicking “Submit” that I agree to the Privacy Policy and Terms and Conditions.

    • Can You Convert Your Bankruptcy Chapter?

      Can You Convert Your Bankruptcy Chapter?

      Filing for bankruptcy is a big decision. It is important to choose the bankruptcy chapter which can help protect most of your assets and results in the discharge of various debts. There are numerous factors involved while choosing a specific chapter to file bankruptcy. A lot of what happens to your circumstances and the time taken to discharge depends on the chapter of bankruptcy you have filed for. However, if your circumstances change, there are provisions available to switch the bankruptcy chapter. Changing bankruptcy chapter can be a complicated process.  Los Angeles based bankruptcy law firm https://bankruptcy.staging.recoverylawgroup.com/, therefore, advised that you consult a qualified attorney to get your bankruptcy discharged and get a fresh start.

      Type of bankruptcy which can be filed in California 

      Chapter 7 (liquidation bankruptcy) and chapter 13 (wage earner’s plan) are the major bankruptcy types available for consumers. In the case of chapter 7, your assets will be sorted into the exempt and non-exempt property. In the state of California, two exemption systems exist which cover different amounts of properties like home, furniture, care,  etc. System 1 exempts $75,000 and $175,000 of equity in the home and $3,060 in case of a vehicle; whereas according to system 2, you can avail $26,800 in home equity and $5,350 for your car. Due to the difference in exemption amount, it is best to work with a financial advisor or bankruptcy attorney to protect most of your assets.

      The exempt property is safe during the bankruptcy process while any non-exempt property you have is sold off to repay your loans. In the majority of cases, bankruptcy filers are able to get most of their property exempted and therefore don’t have to surrender any. The unsecured debts (credit card, etc.) are discharged after bankruptcy. With secured debts, you have the choice of making payments to keep the assets or surrendering the assets if you cannot afford to pay the debts. To qualify for chapter 7 bankruptcy, you need to pass the complicated means test which compares your income to the average income of a family your size. In case you fail to pass the means test, chapter 13 is the bankruptcy option available for you.

      In the case of chapter 13 bankruptcy, a repayment plan is devised keeping your debts, assets and average income as well as expenses. According to this plan you are expected to make monthly payments from your disposable income to your bankruptcy trustee who then distributes it amongst your creditors for a period of 3-5 years. Any unsecured debts which remain after the repayment plan are discharged. You can continue making payments for secured debts throughout and even after the repayment plan.

      The automatic stay provision is available in both chapters of bankruptcy. Thanks to it, your creditors cannot contact you to demand any payments, any foreclosure or repossession actions cease and so does wage garnishment and bank account levies. Thus you get some respite from constant creditor harassment while the court goes through the bankruptcy process.

      Converting a chapter 7 bankruptcy to Chapter 13

      Most debtors prefer chapter 7 if they are able to qualify for it. This is so because you get to keep almost all your assets, all your unsecured debts are discharged sooner since typically this bankruptcy takes less time than chapter 13. It, therefore, is difficult to comprehend why someone would convert from chapter 7 to chapter 13.

      If you wish to keep your property, you might wish to convert. Chapter 7 allows you to keep your home if you continue making regular payments on your mortgage. Any failure to do so might result in foreclosure. Any non-exempt property you have needs to be surrendered in this bankruptcy chapter. But in the case of chapter 13, you don’t have to give up any property while making mortgage payments through the repayment plan. Thus if you wish to protect all your property, chapter 13 is a better option.

      Conversion of Chapter 7 bankruptcy to chapter 13 can be done once without court approval provided that it is done in good faith. If you follow the rules and do not attempt to hide property then you won’t face any problems. Since there are no court fees involved while converting from chapter 7 to chapter 13, you are not required to pay any conversion fees. Since chapter 13 involves a repayment plan, if you do not have the income to support the repayment, your conversion won’t be permitted. In this situation, you might need to file a motion in the court.

      Converting a chapter 13 bankruptcy to Chapter 7

      All your disposable income is used to repay your creditors in this bankruptcy chapter. Debts like a child and spousal support need to be paid in full. All of this might take a toll on you. A change in circumstances like losing a job, prolonged illness, etc. can make your repayment plan slightly difficult to manage. Converting to chapter 7 might be a good option in this case.

      If you haven’t received a chapter 7 discharge within the past 8 years, you can seek to convert your bankruptcy from chapter 13 to chapter 7. If you have, bad luck! You are stuck with chapter 13. Since chapter 7 requires you qualifying the means test, you can convert your bankruptcy chapter only if you earn less than the state’s mean income. If nothing works for you, you remain stuck with chapter 13. The only recourse available is to ask for a dismissal of your case, which has serious consequences like losing the automatic stay benefit. What’s more is that if you ever file for bankruptcy again, the automatic stay benefit might not be readily available for you. You will be handling your creditors on your own without the help of any bankruptcy court. Conversion from chapter 13 to chapter 7 has a conversion fees of $25 which has to be deposited when you file for a motion in the court.

      Should I convert my bankruptcy chapter?

      Sometimes the court might force you to convert your bankruptcy chapter from 13 to 7. This can happen if you don’t get your payment plan approved or miss making payments on it. Any unnecessary delay in the case which can harm your creditors can also be the reason for the conversion of your bankruptcy chapter. If a discrepancy is observed in your means test and it is found that you don’t qualify for chapter 7 bankruptcy, then your bankruptcy chapter will be converted.

      Since the conversion of the chapter is a complicated process involving a number of motions, forms, and schedules, it is important if the process is handled by competent bankruptcy attorneys. Discuss with your attorney whether conversion of bankruptcy chapter might be beneficial for you. You can call 888-297-6203 for a consult regarding your bankruptcy case.


        *Are you more than 60 days past due on your mortgage?

        *Do you own a home?

        Are you currently working?

        By clicking “Submit”, whether I do or do not purchase any products or services on this website, I hereby give my express written consent to receive calls and SMS/text messages, including calls and SMS/text messages made and sent using automated dialing equipment and/or pre-recorded or artificial voice technology and email, about offers and deals that I wish to be kept informed about from (“Partners”), at the phone number and/or email address provided on this form, including any wireless numbers provided, even if I have previously registered the provided number on any Do Not Call Registry. If I do not make a purchase on this website, it is expressly understood that the Partners retain permission to contact me as specified earlier in this paragraph. Carrier SMS/MMS and data messaging rates apply. I also agree that by clicking “Submit” that I agree to the Privacy Policy and Terms and Conditions.

      • Are You Filing for Bankruptcy? What Happens to Your Mortgage?

        Are You Filing for Bankruptcy? What Happens to Your Mortgage?

        Bankruptcy court acts as a shield between you and your creditors to provide you breathing space and a fresh financial start. Though the law is designed to provide respite to you, it does not do so at the cost of your creditors. You need to pay for your secured loans like mortgages. One of the best aspects of bankruptcy filing is the automatic stay which prohibits all sorts of collection actions against you. Thanks to it, your home and car cannot be foreclosed or repossessed. In case repossession is done, they have to return it. Moreover, any liens cannot be placed on your home, no wage garnishments, etc. can be done.

        For mortgages, you need to ensure that you file for bankruptcy before the home is sold. The sale can be stopped, even if an auction is scheduled if you timely file for bankruptcy. Despite the power automatic stay has, Dallas based bankruptcy law firm Recovery Law Group enlighten, that creditors can have the stay lifted if you default on making mortgage payments. In case the creditors get their say in court, the bank can continue with foreclosure proceedings.

        While filing for bankruptcy you need to be sure whether you wish to keep your home or let it go. In case you decide on leaving your home, you can stop making mortgage payments. In this case, the automatic stay will be lifted and banks can sell your home. In case your home was foreclosed without bankruptcy and sold for less than what you owe, you might have to pay the difference (also known as the deficiency). Opting for bankruptcy saves you from paying the deficiency. If you wish to keep your home, you need to choose the bankruptcy chapter carefully (Chapter 7 or Chapter 13).

        Mortgages in Chapter 7

        Your assets are classified into an exempt and non-exempt category. The non-exempt assets are surrendered which are subsequently sold to pay off the creditors. Any unsecured debts which remain after the process are discharged. Different states have different sets of exemption. In California, under Set 1 exemption, you can protect home equity between $75,000 and $175,000, while in Set 2 exemption, home equity up to $26,800 can be exempted. The equity is calculated as the amount borrowed for the purchase minus what you owe for the property. In case your home equity is not covered under the exemptions, you will find it difficult to keep it. If the equity is covered under exemptions, you might be able to keep your home as long as you make regular payments for it. You are also required to “reaffirm” your mortgage debt. Once you reaffirm the debt, it cannot be discharged even after bankruptcy.

        Mortgages in Chapter 13

        This chapter of bankruptcy involves a repayment plan which lasts for 3-5 years. Any unsecured debts which remain are discharged after the end of that period. If you wish to keep your home, you can include your mortgage payments in your repayment plan. Similar to chapter 7 bankruptcy, you might need to reaffirm your debts in this case too.

        Other mortgages

        In case your financial situation was worse and you had to take other mortgages on your home, you won’t be able to discharge second or third mortgages on your home or any home equity loan in a Chapter 7 bankruptcy if you want to keep your home. In the case of chapter 13, if your home is underwater, you might get a second mortgage or home equity line of credit discharged. The circumstances of discharge of the second mortgage depend on your circumstances and the judge.

        While struggling with debt, it is important for people to make a conscious decision whether they wish to keep their home and if they do so, can they afford to make payments for it? In case of bankruptcy, any liability for deficiency in case of foreclosure is stricken, especially if your home is underwater. Though the prospect of losing your home is overwhelming, you need to make a decision with your income and assets in mind. An adept bankruptcy lawyer can help you make aware of the various options available when you file for bankruptcy. In case you wish to have a consultation regarding your debts, you can contact 888-297-6203.


          *Are you more than 60 days past due on your mortgage?

          *Do you own a home?

          Are you currently working?

          By clicking “Submit”, whether I do or do not purchase any products or services on this website, I hereby give my express written consent to receive calls and SMS/text messages, including calls and SMS/text messages made and sent using automated dialing equipment and/or pre-recorded or artificial voice technology and email, about offers and deals that I wish to be kept informed about from (“Partners”), at the phone number and/or email address provided on this form, including any wireless numbers provided, even if I have previously registered the provided number on any Do Not Call Registry. If I do not make a purchase on this website, it is expressly understood that the Partners retain permission to contact me as specified earlier in this paragraph. Carrier SMS/MMS and data messaging rates apply. I also agree that by clicking “Submit” that I agree to the Privacy Policy and Terms and Conditions.

        • What does Bankruptcy mean for Senior Citizens?

          What does Bankruptcy mean for Senior Citizens?

          Financial troubles can hit anybody, anytime. Nearly half the senior citizen population in the U.S. was facing debts (mortgage, car loan, medical bills, etc.) in 2010, averaging at $50,000. When you have accumulated debts of such huge proportions, it is natural to be a bit worried as to how the debts are going to affect you and your heirs. While you are earning, there are still chances of you being able to repay the loan, but post-retirement, making monthly payments towards the debt is a bit difficult with a fixed income at hand. According to Los Angeles based law firm Recovery Law Group, many senior citizens often consult about their options with respect to debt.

          Options available for seniors to deal with debt

          The state of California offers a number of protections to senior citizens when it comes to debt collectors and collection actions. The Social Security, retirement accounts and other government benefits are protected by the law. These assets cannot be touched by any creditors who sue you for non-payment of debts. Many times, creditors refrain from filing a lawsuit against you since there’s not much that they can lay their hands on. The term “judgment-proof” is used to describe such a situation where almost all your assets are protected from collection actions. In case you are “judgment-proof” there is no need to file for bankruptcy to get rid of your debts. However, it is an option worth considering as your heirs might find have to bear the burden.

          When a debtor passes away, the debts he/she owed do not lapse with the death. Though they aren’t passed to the heirs, they definitely affect the estate. After death, all your assets (your estate) go into “probate” which provides ample opportunity to creditors to file claims for payment. When it comes to inheritance, the creditors are paid before anything is passed on to the heirs. Unfortunate circumstances may see emptying of bank accounts and selling of house, car, jewelry or any other asset. The only respite available is for your home, which might be exempted in case of a surviving spouse or minor heirs who reside there. The probate court sets aside some assets to care for dependants, while the remaining assets are used to pay the creditors. On the brighter side, your heirs won’t be held liable for any debts left after the probate but if you leave your assets to them in a trust and the trustee does not inform the creditors, your debts might invariably be passed on to your heirs.

          Bankruptcy and estate planning

          Though bankruptcy is not essential for senior citizens, they surely can benefit from it, especially debtors who are judgment proof. California provides bankruptcy exemptions which protect a huge part of senior citizen’s property like retirement accounts, government benefits, etc. from creditors during bankruptcy. Since old age is often accompanied by numerous medical issues, senior citizens often end up accumulating huge medical debts as healthcare is undoubtedly expensive. Since medical debt is an unsecured debt, it is wiped off in bankruptcy. Thus after bankruptcy, you will be devoid of any debt and can save your property which can be passed on to your successors.

          The effect bankruptcy has on credit score is a major consideration. Though bankruptcy has a negative effect, unpaid dues aren’t exactly helping to the cause. Since the majority of senior citizens already own a home and car, there isn’t much need to take any more loans. Thus, bankruptcy can have not much negative effect on the life of a senior citizen. Additional benefits include an end to the collection calls which are quite irritating. Despite you being judgment-proof, creditor harassment sees no end to see that they get a payment. Bankruptcy also helps relieve stress which can have numerous health benefits.

          Should you file for bankruptcy?

          Despite the advantages associated with bankruptcy, in case you have any doubts regarding it, you can call 888-297-6203 to get a better assessment of your financial situation. In case, you have mostly secured debts, bankruptcy will not be of much help for you, as this kind of debt is not discharged. Having large equity in your home is not a good option too as you might have to surrender it during bankruptcy. Discussion with an expert bankruptcy attorney can help you choose which set of the California state exemptions can help you protect your property. An estate planning lawyer can help you manage your estate in an efficient manner.

          Many people strive hard to build their property with the intention of giving it to their children or heirs. Despite bankruptcy being a good option to get rid of your unsecured debts, it is better that you consult an experienced bankruptcy and debt management attorney to find out other options of getting rid of debt. You have the option of challenging those debts which have passed the statute of limitations, i.e. cannot be collected from you or your heirs. Alternately, you could also ask for debt consolidation or settlement before you pass away. If you are a senior citizen who is struggling with debt, or are judgment-proof but wish to keep your estate secure (against your creditors) for your heirs, then consult a bankruptcy attorney for a free consultation and case evaluation.


            *Are you more than 60 days past due on your mortgage?

            *Do you own a home?

            Are you currently working?

            By clicking “Submit”, whether I do or do not purchase any products or services on this website, I hereby give my express written consent to receive calls and SMS/text messages, including calls and SMS/text messages made and sent using automated dialing equipment and/or pre-recorded or artificial voice technology and email, about offers and deals that I wish to be kept informed about from (“Partners”), at the phone number and/or email address provided on this form, including any wireless numbers provided, even if I have previously registered the provided number on any Do Not Call Registry. If I do not make a purchase on this website, it is expressly understood that the Partners retain permission to contact me as specified earlier in this paragraph. Carrier SMS/MMS and data messaging rates apply. I also agree that by clicking “Submit” that I agree to the Privacy Policy and Terms and Conditions.

          • Is your Pension safe during Bankruptcy?

            Is your Pension safe during Bankruptcy?

            Getting pension benefits at the end of a hard and long career is what drives most people to work. When you retire, your pension is what you will be surviving on. However, during the course of your career, there might come a time, when you face financial problems due to which you might have to consider bankruptcy as an option to survive. Since in bankruptcy, some of your assets are used to pay off the creditors before your debts are wiped out, one of the major concern people have is whether their retirement funds are at risk? According to Los Angeles based bankruptcy law firm Recovery Law Group, your retirement accounts are protected in the bankruptcy process. This is because the law understands that people work hard and save money in pension and other retirement accounts to reap benefits at an age when it is not possible for them to work anymore.

            How are retirement accounts protected during bankruptcy?

            When an individual files for bankruptcy, everything they own comes under bankruptcy estate. Amongst these, some assets are protected by State bankruptcy exemptions (which vary from one state to another) which may include the equity in your car or home. Other assets which are saved due to exemption include any compensation plans, tax-deferred allowances, and any employer-based retirement plans. Since all of these are exempted, they cannot be a part of the bankruptcy estate and therefore cannot be used to pay back creditors.

            Sometimes, retirement plans are set as trusts. They are worded in a manner which makes it impossible for creditors to use them during bankruptcy. Thus, retirement plans are protected by a double layer of shield. However, any unusual trust is scrutinized by the bankruptcy court; i.e. if you structure a plan in the form of a trust which you are funding and you are the sole beneficiary, then such a trust is not protected during bankruptcy.

            The federal law has set a list of bankruptcy exemptions and also allows different states to have their own set of exemptions. States also offer the debtor the option of choosing from only the state exemption or choose between the state and federal bankruptcy exemptions. The state of California requires the debtor to choose the California state law exemptions, but some non-federal exemptions, such as those for retirement plans are also applicable in California.

            Federal exemptions for retirement accounts

            Changes made in the bankruptcy laws in 2005 were not exactly debtor-friendly, except for those involving the retirement funds. These accorded improved protection for debtors. As per the changes incorporated in the federal law, all retirement accounts and pension funds are protected from creditors, even in states where bankruptcy filers don’t have the option of choosing federal bankruptcy exemptions. What’s even better is that the exemptions amount is not limited. Few examples of federal exemptions include:

            • 401(k)s
            • 403(b)s
            • Defined benefit plans
            • Employee annuities
            • ERISA (qualified) pension plans
            • Government deferred compensation plans
            • Keoghs
            • Money purchase accounts
            • Profit sharing plans
            • Stock bonus plans

            However, there are limits to the exemptions provided. The traditional IRA and Roth exemptions are capped with the amount over $1 million.

            California pension payment and exemptions

            Californians who are contemplating bankruptcy due to immense financial pressure are often worried about their retirement funds. However, with federal law, California state law and specific terms of trust accounts, creditors find it extremely difficult to nick a penny from your retirement funds. Even when you have received money from retirement funds, the money is exempted, i.e. creditors simply cannot take that money because it is out of your pension accounts.

            Considering the fact that your retirement funds are protected by numerous layers of federal and state exemptions, it is important to not touch those funds if you plan to file for bankruptcy. You might be tempted to use the money from retirement accounts to pay off some debts. Since retirement funds are protected from bankruptcy, using that money to pay creditors is not a wise move. The money might not be enough to clear the debt, which will result in you still having some debt and without a source of income when you retire. You require the assistance of a financial planner or a bankruptcy lawyer to help determine the best course of action for you. If you wish to gather more knowledge about the bankruptcy procedure, feel free to contact 888-297-6203. Bankruptcy lawyers can explain the difference between using retirement fund money to pay off debts or using bankruptcy to get rid of debts while retaining your pension funds.


              *Are you more than 60 days past due on your mortgage?

              *Do you own a home?

              Are you currently working?

              By clicking “Submit”, whether I do or do not purchase any products or services on this website, I hereby give my express written consent to receive calls and SMS/text messages, including calls and SMS/text messages made and sent using automated dialing equipment and/or pre-recorded or artificial voice technology and email, about offers and deals that I wish to be kept informed about from (“Partners”), at the phone number and/or email address provided on this form, including any wireless numbers provided, even if I have previously registered the provided number on any Do Not Call Registry. If I do not make a purchase on this website, it is expressly understood that the Partners retain permission to contact me as specified earlier in this paragraph. Carrier SMS/MMS and data messaging rates apply. I also agree that by clicking “Submit” that I agree to the Privacy Policy and Terms and Conditions.

            • Tax Mistakes to Avoid While Filing for Bankruptcy

              Tax Mistakes to Avoid While Filing for Bankruptcy

              Liquidation can frankly be quite overwhelming and confusing for an average person. Filing for taxes while considering bankruptcy (either Chapter 7 or Chapter 13) is double trouble. In case you are confused regarding tax filing during the trying times of bankruptcy filing, you can call expert bankruptcy attorneys at 888-297-6023 to find out about your options.

              Out of the two possible chapters under which individuals can file for bankruptcy is Chapter 7. This results in the discharge of all unsecured debts like a credit card, medical and even income tax debt in rare cases. Under Chapter 13, you are expected to make payments to the bankruptcy attorney as per the prescribed repayment plan for 3-5 years. After payment to creditors like income tax agencies and IRS, etc. the remaining unsecured debts are discharged post the repayment plan.

              Thus, filing for income tax is extremely important as per Dallas bankruptcy lawyers Recovery Law Group . As per U.S. Bankruptcy Code, before the commencement of bankruptcy case, the debtor’s recent tax returns are required. In fact, the returns for the past 4 years can also be required. The timing for filing bankruptcy needs to be perfect if you wish to make things easier for you.

              However, there are certain tax mistakes you should steer clear of if you are considering filing for bankruptcy.

              1. Take care of any refund

              Refund on taxes that you have received prior to filing for bankruptcy, might be seized by the government. In case you might be on the verge of getting a refund, protecting it through bankruptcy is the best option. Certain expenses like spousal or child payments, health care, etc. are essential debts and can be taken care of by the refund you have received. Consulting with an attorney can clear things up.

              1. Transferring your money to protect it is a no-no

              Under federal law, non-disclosing of monetary assets during bankruptcy is a violation and is considered perjury. If you are looking to avoid prison, don’t try to hide property in someone else’s name. An experienced bankruptcy attorney can help you with ways to protect your saved money during bankruptcy, without breaking any laws. Disclosing your assets to your attorney can easily help save them legally.

              Unlike popular perception that property not under your name cannot be touched by the court, bankruptcy has a weird way of handling things. Any assets transferred to family or friends prior to bankruptcy filing are seen as ways to protect them. This often causes the court to take harsh steps which include voiding the transfer to have the property back in your name or worse, dismissing of your bankruptcy case. In the case of latter happening, you will be required to refile the case which will result in additional fees and letting go of the automatic stay benefit.

              1. Delay paying back relatives

              During bad times, family and friends are often there to lend a helping hand. Often people feel obliged to repay them as soon as possible. However, if you are considering filing for bankruptcy, paying your relatives back might not be the brightest idea. Any payment made from tax refund will appear as one favoring a particular creditor over others. This may result in the bankruptcy trustee taking back the payment made to the relatives. If you wish to make any such payments, consult a bankruptcy attorney before going ahead with it.

              Family and friends are considered “insiders” and any payments made to them 1 year prior to filing for bankruptcy are considered preferential. An amount larger than $600 made to any relative within 1 year prior of bankruptcy filing will become a part of your bankruptcy estate. Any payment made to any creditor of over $600 in the preferential transfer period (1 year for family and relatives and 90 days for non-family creditors) needs to be disclosed.

              1. Do not make payments above $600 to unsecured creditors

              Any payments made within 90 days prior to bankruptcy filing need to be disclosed, especially if they are above $600. The bankruptcy trustee is bound to go through the records to see what payments were made. In case you wish to pay off some debts, prioritization is extremely important. Secured debts like mortgage payments or car payments, etc. should be your priority. Most unsecured debts like credit card and medical debts, etc. are discharged after bankruptcy. It should, therefore, be kept in mind that you shouldn’t pay off secured debts through unsecured debts like a credit card. Before making payments to any creditor, discuss with your attorney to understand the ramifications of your actions.

              1. Avoid buying luxury goods

              Since your spending habits will be studied extensively by the bankruptcy trustee, it makes sense to avoid overspending on unnecessary items like luxury goods, etc. when you are considering bankruptcy as a way out of the financial mess. These purchases and foreign holidays are things which will work against you during the bankruptcy process.

              Holding on to tax refunds during bankruptcy is the best option. Having an experienced bankruptcy attorney by your side can work wonders for you. You can use the tax refund to pay the bankruptcy fees so that you get some respite from adverse creditor actions.


                *Are you more than 60 days past due on your mortgage?

                *Do you own a home?

                Are you currently working?

                By clicking “Submit”, whether I do or do not purchase any products or services on this website, I hereby give my express written consent to receive calls and SMS/text messages, including calls and SMS/text messages made and sent using automated dialing equipment and/or pre-recorded or artificial voice technology and email, about offers and deals that I wish to be kept informed about from (“Partners”), at the phone number and/or email address provided on this form, including any wireless numbers provided, even if I have previously registered the provided number on any Do Not Call Registry. If I do not make a purchase on this website, it is expressly understood that the Partners retain permission to contact me as specified earlier in this paragraph. Carrier SMS/MMS and data messaging rates apply. I also agree that by clicking “Submit” that I agree to the Privacy Policy and Terms and Conditions.

              • Advantages of Filing Bankruptcy For Cancer and Other Medical Debts

                Advantages of Filing Bankruptcy For Cancer and Other Medical Debts

                The deadly impacts of cancer on an individual’s life are well known by everyone around the globe. In America, cancer is a widespread disease that has taken a toll on many lives. Curing cancer requires a hefty amount of money which leads people to numerous debts. Apart from routine medical aids, people often resort to various emotional and psychological assistance during their treatment which further increases the financial burden on them. This whole procedure continues for a long period of time and the health finances do not cover all these bills which mean that people take debts to fulfill their medicinal requirements.

                As per the data presented by the California cancer registry, there are about 1.45 million cancer cases in California which mean approximately 20 cases per hour per day. Whereas, in Los Angeles, the number of cancer cases is about 38000 every year. All these data and studies show that every second person born in these parts of America suffers from cancer disease at some point or the other. These circumstances lead most of the families into great financial problems due to their inability to pay such huge medical bills. However, with the help of a well-learned bankruptcy attorney, you can get back to normal with least friction. For any such assistance, you can visit Recovery Law Group or call 888-297-6203.

                How cancer leads to financial perils?

                Cancer treatment involves medical as well as chemical treatments. When someone is diagnosed for cancer, first of all, he or she is treated through medicines that are very costly plus they are needed for a long amount of time which means that the expenses are large and steady. Apart from medicines, successive treatments involve several rounds of chemotherapy and radiotherapy which again cost a lot. Each round of these therapies costs quite much for an individual to bear. Thus, overall expenses during cancer treatment include medicines, therapies and surgeries are expensive. Apart from these costs, there are post-treatment expenses too which are again not a small amount to bear. Some of these costs are borne by the health insurance but for the rest, people have to borrow money from the lenders or the relatives which makes them indebted.

                Verification of bills can help you save a bit:

                It is highly recommended that you verify all your medical and treatment bills for various therapies and services before making the final payment to avoid any extra payments due to any discrepancy. You must look into the bills properly so as to check that you are being charged only for those services that you have taken and not any extra ones. All the expenses must be properly quoted on the bills. Also, consult your insurance agent to verify if they are providing the promised amount of money as per the insurance scheme or not.

                What can be your options to overcome these financial perils?

                The first option to balance your finances could be an extra job that can help you with your medical expenses. However, this option is very difficult for most of the people as a person who is going through cancer treatment, it is very difficult to work extra hours due to physical and mental fatigue caused by the disease and its treatment. You can also rebuild your budget so as to remove unimportant expenditures. This will help you to a certain extent.

                Next option which most people prefer is borrowing money from relatives or lenders to pay for their medical expenses. However, most people resort to borrowing money from their well-wishers as for borrowing it from a lender requires them to fulfill the respective eligibility criterion to which most of the people fail.

                Next option could be to reduce the size of your home to get some extra source of income. However, this option is helpful only to those people who have large home equity otherwise this would not be a good idea too. Apart from selling your housing equity, you can also rent or sell the other expensive belongings that are not of much need to you. You can consult an auction house or any consignment company for this purpose. These things might include a yard, a vehicle, etc.

                Last option can be bankruptcy. This is the option to which the majority of people resort to when any of the above-mentioned options fail to fulfill their overall medical expenses. It is a wise decision to opt for bankruptcy for those who are already under debt as it provides some additional benefits to such people.

                Is bankruptcy beneficial for the family?

                For people who are already indebted and need more money for getting through their medical expenses for cancer treatment, it is a good option to file for bankruptcy. This will help them to reduce extra stress and hopelessness. It also assists the family of the cancer patient during the times of crisis. As per the American Institute of bankruptcy, a total of 1 million people in America file for bankruptcy per year.
                Filing for bankruptcy can help in putting a pause on disturbing calls from creditors and thus relieving you from any harassment during treatments. Apart from this, it also provides a proper action plan so that you can get through your debts in a well-mannered way. This reduces the stress level of the cancer patient and their relatives who are already suffering from the mental trauma of disease and its treatment.

                Working of bankruptcy explained:

                If you are unaware of how bankruptcy actually works to help you with your financial crisis, then you must first understand the working of bankruptcy. Those who have a job can file for bankruptcy under chapter 13 which provides them with proper financial and budget planning. Such planning can help you in managing your expenditure in a wise manner with least useless expenses. Also, there might be chances of getting rid of some of the debts that include medical debts.
                If you qualify and file for bankruptcy under chapter 7, then there are high chances that most of your debts are discharged. For proper guidance, you must consult a bankruptcy attorney who will suggest you the best option depending on your situation.


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                  By clicking “Submit”, whether I do or do not purchase any products or services on this website, I hereby give my express written consent to receive calls and SMS/text messages, including calls and SMS/text messages made and sent using automated dialing equipment and/or pre-recorded or artificial voice technology and email, about offers and deals that I wish to be kept informed about from (“Partners”), at the phone number and/or email address provided on this form, including any wireless numbers provided, even if I have previously registered the provided number on any Do Not Call Registry. If I do not make a purchase on this website, it is expressly understood that the Partners retain permission to contact me as specified earlier in this paragraph. Carrier SMS/MMS and data messaging rates apply. I also agree that by clicking “Submit” that I agree to the Privacy Policy and Terms and Conditions.

                • How is Post-Bankruptcy Life in LA- Know The Benefits of Filing For Bankruptcy

                  How is Post-Bankruptcy Life in LA- Know The Benefits of Filing For Bankruptcy

                  After being in debt for a certain period of time, it is wise to file for bankruptcy. However, filing for bankruptcy for the first time can be quite an inquisitive task. You might face numerous questions and doubts about how your life will transform after bankruptcy. A good and experienced Attorney firm, Recovery Law Group can come to your rescue in such a case.

                  In cities like Los Angeles and Dallas, TX it is quite common for people to be indebted owing to their lifestyle and standards that eventually lead them to bankruptcy. However, it is an astonishing reality that life after bankruptcy can be amazing too. This is so because your bankrupt life span might just contract to 3 – 5 months if you file for chapter 7 or for 3- 4 years if the filing of chapter 13 is done. And to get your bankruptcy discharged in short span of time, all you need to do is to get a well-qualified bankruptcy attorney. Not doing so might raise the chances of non-discharge of your debts, which will be a bad circumstance.

                   Here is a list of few benefits of filing for bankruptcy that you need to know:

                  1. There will be no more credit card and medicinal debts

                  In major parts of America, medical bills and credit card expenses count for the maximum debts which eventually make them bankrupt. However, qualifying for and filing bankruptcy in chapter 7 can solve this issue. Chapter 7 which is the liquidation bankruptcy sets you free from several debts including credit card and medicinal debts. This law, however, does not gives relief to ones indebted by loans like student loans, taxation debts, etc.

                  1. It protects your house from foreclosure

                  It is usually advised not to pay your off secured debt like debt for your home with unsecured debt like your credit card. Even the converse of it is a straight no. This is so because it can result in a huge mistake as a homestead is generally considered as an exempted property under chapter 7 bankruptcy as per the equity. Also, under the liquidation bankruptcy, only the unsecured debts are discharged and hence refinancing your home might lead to foreclosure. Filing for bankruptcy can, however, get you an automatic stay which prevents situations like foreclosure and lawsuits, etc.

                  1. You will not need to touch your retirement funds for paying the debts

                  The liquidation bankruptcy of chapter 7 saves your retirement funds and other social security benefits from the bankruptcy estate. Moreover, if you are a senior citizen, you might also get guidance over estate planning and might also get judgment proof. This means that apart from discharging the unsecured debts, you are also entitled to forward your hard earned money and property to your family and friends. Even if you are of middle age you must not touch your retirement estate to pay debts as these funds are protected under chapter 7 bankruptcy.

                  1. Be cautious before paying back to your relatives

                   It is highly recommended to pay back the debt to your relatives and family members only after your bankruptcy is dissolved. This is so because if you pay back that debt before the end of the bankruptcy, your pay back money is entitled to be plopped back into your bankruptcy account. However, if the case is urgent, you must take advice from your bankruptcy attorney about this. Also if someone is seeking divorce during the bankruptcy period, it might be beneficial for him/her because this might help them in resolving property divide in a much easier and smooth way. However, again it is recommended that you consult a wise and well-learned bankruptcy attorney over such matters and then proceed.

                  1. A new chance to amend your credit and the budget

                  One of the best benefits that you get after filing for bankruptcy is that your budget starts to mend in a beneficial direction. Also after a time period of about 7 years, the negative value of the credit stops showing up but the credit report might show the bankruptcy status for about 10 years from the date of filing. This time span is just about 3-4 years in cities like California.

                  One thing that you should keep in mind is that your planning of budget includes all the living expenses from the biggest to the minutest. You must ensure that you make all the bill payments and also save a part of your earnings for the situation of crisis. You must keep a check on your credit card reports from time to time. For this, you can also sign up for apps like credit karma, mint, etc that will help you in this work of monitoring your credit score. Such apps also provide suggestions about the most beneficial deals for you considering your current bank account status and credit score. You may also consult the Recovery law group for advice on 888-297-6203.


                    *Are you more than 60 days past due on your mortgage?

                    *Do you own a home?

                    Are you currently working?

                    By clicking “Submit”, whether I do or do not purchase any products or services on this website, I hereby give my express written consent to receive calls and SMS/text messages, including calls and SMS/text messages made and sent using automated dialing equipment and/or pre-recorded or artificial voice technology and email, about offers and deals that I wish to be kept informed about from (“Partners”), at the phone number and/or email address provided on this form, including any wireless numbers provided, even if I have previously registered the provided number on any Do Not Call Registry. If I do not make a purchase on this website, it is expressly understood that the Partners retain permission to contact me as specified earlier in this paragraph. Carrier SMS/MMS and data messaging rates apply. I also agree that by clicking “Submit” that I agree to the Privacy Policy and Terms and Conditions.

                  • How to Get Mortgage Post-Bankruptcy? – Read This Guide

                    How to Get Mortgage Post-Bankruptcy? – Read This Guide

                    Many people think that life after bankruptcy is like living in hell. However, this is just a myth. If you act wisely and take the right decisions, your life after bankruptcy can be quite smooth and back on track. You can also get a mortgage to build your own house but it takes about 2- 3 years for this to happen. Since the present day price of houses is quite huge, hence it is very obvious for the lenders to be much more cautious before lending. Thus, to get a mortgage post-bankruptcy needs proper guidance and planning. This article aims at giving you a brief description on how to get a mortgage after coming out of bankruptcy phase and the impact this phase has on your credit status. For a detailed expert guidance and assistance, you can also visit Recovery Law Group or give a call at 888-297-6203.

                    What is the impact of bankruptcy on credit score and mortgage lending?

                    The first thing that you need to consider before going to buy a new house is the status of your credit. The most commonly adopted credit score by money lenders is the FICO score. Different lenders follow different requirements and credit score based criterion. Generally, any person who has a credit score of 650 or above is eligible to get a mortgage and for those having a credit score below 650, it might be a tedious task to get a mortgage after bankruptcy. Moreover, if you are one of those who want a mortgage with a better price, then you must maintain a credit score of 700 and above.

                    If you do not want to face the tedious requirements of the money lenders, you can opt for FHA (Federal Housing Administration) loans as they offer a down payment option of 3.5% at a credit score of 580 and another down payment option of 20% at a credit score of 540.

                    It is vital to note that if your bankruptcy is filed under chapter 13 then it will show up on the credit report until next 10 years but if you filed it under chapter 7 then it gets off just after your filing.

                    Various factors considered by the lender before giving mortgage:

                    Most of the money lenders follow the FICO formula that considers the below-mentioned factors with decreasing priority order:

                    1. Your payment history depicts your ability to pay on time or not. It accounts for about 35% of the total FICO score.
                    2. The number and amount of credit you owe to every line of credit holds about 30% of the total FICO score.
                    3. The number of your recently started credit accounts.
                    4. The various types of credits that you are presently using which may include credit cards, installment loans, etc.

                    Apart from the above-mentioned factors that are considered for calculation of the FICO score, there are various other factors also that a money lender takes into consideration before making up his mind to give you a mortgage. Some of the most common factors are enlisted below:

                    1. History of any bounced checks
                    2. The balance of your bank accounts
                    3. The kind of job (a stable job is more preferred)
                    4. Whether you have any retirement plans or not?
                    5. The debt to income ratio must be good

                    The time period required before applying for a mortgage?

                    Generally, one has to wait for about 2 years post bankruptcy for applying to get a mortgage. For people who file their bankruptcy under chapter 7 are provided insured mortgages by FHA after 2 years of discharge of their bankruptcy. You can also get a mortgage even before the term of 2 years; however, the interest rates will be larger. Hence it is advisable to wait for at least 2 years duration to get a mortgage at pocket-friendly interest.

                    How to get better credit scores:

                    Following are the ways by which you can get improved credit scores. These methods are applicable whether or not the bankruptcy shows up on your credit report.

                    1. Get a credit card that is secured- this is a counter-intuitive way of improving your credit score. You can take loans and credits from the bank and then repay them in the specified time limit. Doing this will improve your FHA score and liability. It will take some efforts to get a secured credit card post-bankruptcy, but you must not give up easily. However, do not apply for too many of them as doing will increase the financial burden on you.
                    2. Try to take up a loan that needs repayments in installments- there are various loans like the car loans and student loans which require the debtor to pay on a monthly basis in the form of installments. Such loans are termed as installment loans. You can take such a loan and then make timely payments to improve your credit score.
                    3. Rebuilding the credit report- three of the major credit agencies whose report you must check are Trans Union, Equifax, and It is a very important step after the bankruptcy is discharged so as to rectify if any paid debts are stilling being shown on your credit report. In case of any discrepancy, consult the respective agency and get your credit report correct and updated.
                    4. Using rent for payments- using the rent for making payments can be a smart way of getting out of your debts. You must get these rent payments included in your credit report to increase your credit score. For this, you can either contact your property manager if he/ she is cooperative or else you can contact the agencies that report credit to supply your rent payment details to the credit score issuing agencies.

                    Lastly, you must have a logical and realistic plan before applying for a mortgage. This is important to avoid any further problems after the discharge of the bankruptcy. For proper planning, you can consult a good bankruptcy attorney who can sort out things for you.


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                      *Do you own a home?

                      Are you currently working?

                      By clicking “Submit”, whether I do or do not purchase any products or services on this website, I hereby give my express written consent to receive calls and SMS/text messages, including calls and SMS/text messages made and sent using automated dialing equipment and/or pre-recorded or artificial voice technology and email, about offers and deals that I wish to be kept informed about from (“Partners”), at the phone number and/or email address provided on this form, including any wireless numbers provided, even if I have previously registered the provided number on any Do Not Call Registry. If I do not make a purchase on this website, it is expressly understood that the Partners retain permission to contact me as specified earlier in this paragraph. Carrier SMS/MMS and data messaging rates apply. I also agree that by clicking “Submit” that I agree to the Privacy Policy and Terms and Conditions.

                    • Know These Things Before Hiring a Bankruptcy Attorney

                      Know These Things Before Hiring a Bankruptcy Attorney

                      Are you in debt and need immediate help for getting rid of the circumstances? Well, there are many ways out of which the wisest and easiest one is to file for bankruptcy. This method will help you to get a large part of your debts sorted and can also help you to get back on track to a normal life. However, you alone cannot file bankruptcy as one needs to know every minute detail of bankruptcy-related laws and rules while filing for bankruptcy. This is so because a plan that worked for someone need not necessarily work in your situation too. Hence here comes the role of a good bankruptcy attorney. Thus it is always recommended to consult a well-learned bankruptcy attorney before filing for bankruptcy as doing so will reduce down your efforts and also help you in getting through this complicated process with minimum friction. If you are also looking for any such guidance you can visit the website Recovery Law Group or call 888-297-6203 to get the best attorney in Los Angeles. However, there are certain things that you must know before going to a bankruptcy attorney and these things are enlisted below:

                      1. A bankruptcy attorney would not persuade you to file for bankruptcy

                      A well-practiced attorney knows when to suggest its client to file for bankruptcy and when not depending on his or her financial status. He or she will also be able to guide you on whether you should file bankruptcy under chapter 7 or chapter 13 based on your details and eligibility. Moreover, if not filing bankruptcy, he/ she can also suggest the best alternative options available for you to get rid of your indebted situation.

                      1. The attorney will guide you on which chapter you must choose for filing bankruptcy

                      As you might know, that there are majorly two chapters for filing bankruptcy namely chapter 7 (called liquidation bankruptcy) and chapter 13 (gives repayment plans). On one side the chapter 7 sweeps away most of your debts but involves a rigorous eligibility criterion, whereas the chapter 13 on the other side provides you the best possible plan to repay your debts in the next few years. If you feel like filing for bankruptcy is the best option for you but confused about the chapter, then you must consult a bankruptcy attorney who has a sound knowledge related to it. This will prevent you from making the wrong decision.

                      1. The bankruptcy will tell you the most appropriate time to proceed

                      Many people are unaware of the fact that the time of filing for bankruptcy can also impact your financial peril. This is why it is always better to hire a bankruptcy attorney who can guide you as to when will be the most suitable time for you to file bankruptcy. He/ she will guide you about what will be the perfect time to pay back your personal debts and for tax filings.

                      1. A bankruptcy attorney makes suggestions only after hearing your entire case

                      A bankruptcy attorney firstly listens to the entire status of the debts and account balances of its clients. This is an important part of the process so that the best option for you can be drawn by the attorney which will fetch maximum benefits to you. This can help you get rid of various loans and debts in the upcoming future.

                      1. the fees of the attorney depend on his/ her experience

                      Generally, an indebted person will try to hire the bankruptcy attorney who works for minimum fees. This choice based on minimum fees is quite obvious for anyone going through bad financial conditions. However, it is advised not to choose compulsively in such cases as its result will decide your future financial situation. Hence it is always recommended to hire a good attorney instead of a cheap one as he can assist you by providing the best options and thus help you to get rid of your debts in a shortest possible span of time.

                      What are your duties as a debtor towards your bankruptcy attorney?

                      Here is a list of few things you must do being a debtor to extract the best outcome for your situation:

                      1. Be inquisitive and ask questions- once you hire an attorney, you must ask him about everything related to your case and how his experience can be of use to you. You must learn as much as possible from him related to bankruptcy and the procedures required for filing it.
                      2. Be clear about the attorney’s fee beforehand- next, you must make sure that the attorney you are going to hire is worth the fees you are going to pay to him. Apart from his regular fees, you must also know what will he/ she cost for handling any expected unwanted situation that arises in your case in the future.
                      3. Openly tell the attorney about your present condition and the history of your case- it must be clear to you that you should not have any resentment while sharing your present financial status with your bankruptcy attorney. It is quite important to be crystal clear about each and every minute detail of your case and keep all the information related to it in front of the attorney as it is. This will reduce any kind of complications in your case and help you to get the best way of getting rid of your debts in the shortest possible time.
                      4. You must have all the documents– it is always needed to support your quoted facts with valid documents. This gives reliability and authenticity to your case and helps your attorney to work out your case in the most efficient and effective way possible.
                      5. Maintain a good relationship with your attorney- although it is obvious for an indebted person to act hyper at times of extensive questioning you must understand that it is in your favor only. Hence you must patiently cooperate with your attorney and give an answer to each of the questions that will help him to evaluate your case more properly.


                        *Are you more than 60 days past due on your mortgage?

                        *Do you own a home?

                        Are you currently working?

                        By clicking “Submit”, whether I do or do not purchase any products or services on this website, I hereby give my express written consent to receive calls and SMS/text messages, including calls and SMS/text messages made and sent using automated dialing equipment and/or pre-recorded or artificial voice technology and email, about offers and deals that I wish to be kept informed about from (“Partners”), at the phone number and/or email address provided on this form, including any wireless numbers provided, even if I have previously registered the provided number on any Do Not Call Registry. If I do not make a purchase on this website, it is expressly understood that the Partners retain permission to contact me as specified earlier in this paragraph. Carrier SMS/MMS and data messaging rates apply. I also agree that by clicking “Submit” that I agree to the Privacy Policy and Terms and Conditions.