Frequently Asked Questions Regarding Bankruptcy


Frequently Asked Questions Regarding Bankruptcy

Speak to Our Oakdale Bankruptcy Attorneys to find out more

Lamey law practice, P.A. is serving the residents of Oakdale for longer than three decades. Below, you will discover answers that are brief a number of the concerns we get most. All of us acts throughout Pine Springs, Lake Elmo, Maplewood, Woodbury, Oak Park Heights, and much more.

To find out more, dial (651) 309-8180 to schedule a bankruptcy consultation that is free.

Am I able to be rid of IRS taxes if we file bankruptcy?

Quick response: Yes, when your fees as well as your situation meet up with the needs. a seasoned bankruptcy attorney can figure out if you meet up with the skills to discharge or cancel your earnings taxes in bankruptcy.

In most cases, taxes could be released in bankruptcy: (1) if they’re over 36 months old calculated through the deadline associated with income tax return; (2) in the event that tax returns had been filed significantly more than two years quick and easy payday loans Middlesboro ahead of the bankruptcy; (3) in the event that fees are not evaluated within 240 times before the filing regarding the bankruptcy; and (4) provided that the fees are not owed by explanation of an “SFR” or replacement for return made by the IRS there are some other needs, such as for instance that the taxes may not be the consequence of a taxpayer filing a false or tax that is fraudulent, plus the taxpayer cannot have designed to evade or defeat the fees.

May I register chapter 13 bankruptcy simply to stall property foreclosure?

Brief response: No, it is really not a appropriate use of chapter 13 bankruptcy to register an instance merely to obtain the security associated with the stay that is”automatic without having the intent to accomplish the outcome.

Many people file bankruptcies over and over repeatedly (several or “serial” filers) to stop foreclosures on repeatedly their home. It’s not only incorrect to take action, nonetheless it causes plenty of unneeded expense that is legal the mortgage businesses which can be foreclosing, as well as plenty of unneeded difficulty and cost into the court system. The bankruptcy court can discipline individuals or their lawyers through contempt of court or any other opportinity for filing bankruptcies that are multiple the intent which will make them work.

Can my Homeowner’s Association foreclose to my Minnesota house for unpaid HOA dues?

Quick Response: Yes.

Home owner’s associations in Minnesota can foreclose on your own home for unpaid HOA dues.

Do not lose your property to foreclosure! For you to file a chapter 13 bankruptcy to stop the foreclosure and allow you to catch up your delinquent HOA dues, and possibly also deal with your other debts, in a way that you can afford if you qualify, it may be possible. Phone our workplace at (651) 309-8180 to prepare very first free assessment with certainly one of our solicitors.

Is it possible to be arrested for maybe not having to pay a learning education loan?

Short response: No. You can not be arrested for maybe perhaps perhaps not having to pay education loan.

But then are ordered by a court to answer questions about your finances and refuse to do so, then yes, you can be arrested and jailed – not for not paying your student loan, but for violating the court’s order if you are sued for a student loan and have a judgment granted against you, and.

Lesson: if you should be involved with a court proceeding, constantly adhere to court instructions. Or perhaps you might get arrested and jailed.

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