It’s a common misconception that you can’t discharge tax debts in bankruptcy. It’s possible, but discharge is subject to a good many rules. Income tax debts might be eligible for discharge under Chapter 7 or Chapter 13 of the Bankruptcy Code, depending on how old they are and some other criteria.
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You see, even studies by the Federal Reserve Bank of New York have come to the same conclusion I have; people who file bankruptcy do.
When given the choice, many debtors prefer filing Chapter 7 bankruptcy because it discharges most debt. However, a debtor must qualify by meeting an income.
Chapter 7 bankruptcy has a filing fee of $335, but if you can show that your income is below a certain threshold, you may be able to waive the filing fee and file for free. If you file a Chapter 13, you cannot waive the filing fee, but you might be able to pay it in installments.
Bankruptcy is a legal proceeding involving a person or business that is unable to repay outstanding debts. The bankruptcy process begins with a petition filed by the debtor , which is most common.
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Chapter 7 bankruptcy can wipe out most of your debts. There is a "means test" for filing this type of bankruptcy. You must make less than a certain amount of money. Talk to a lawyer to see if you qualify for this type of bankruptcy. You cannot repeat this type of bankruptcy filing for 6 years.
Find out fees you may be charged to file for bankruptcy and what you can expect to pay for a lawyer.
A Bankruptcy Exemption defines the property a debtor may retain and preserve through bankruptcy. Certain real and personal property can be exempted on "Schedule C" of a debtor’s bankruptcy forms, and effectively be taken outside the debtor’s bankruptcy estate. Bankruptcy exemptions are available only to individuals filing bankruptcy.
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Pre-bankruptcy credit counseling and pre-discharge debtor education may not be provided at the same time. Credit counseling must take place before you file for bankruptcy; debtor education must take place after you file.