Usually Asked Questions Regarding Bankruptcy

Usually Asked Questions Regarding Bankruptcy

Keep in touch with Our Oakdale Bankruptcy Attorneys to find out more

Lamey attorney, P.A. happens to be serving the residents of Oakdale for over three decades. Below, you’ll find answers that are brief a number of the questions we get many. All of us acts throughout Pine Springs, Lake Elmo, Maplewood, Woodbury, Oak Park Heights, and much more.

For more information, dial (651) 309-8180 to schedule a free bankruptcy assessment.

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

Quick Answer: Yes, if for example the fees as well as your situation meet with the demands. a bankruptcy that is experienced can see whether you meet up with the qualifications to discharge or cancel your revenue fees in bankruptcy.

In most cases, taxes could be released in bankruptcy: (1) if they’re over 36 months old calculated through the deadline of this taxation return; (2) in the event that taxation statements had been filed significantly more than a couple of years prior to the bankruptcy; (3) in the event that fees are not evaluated within 240 times before the filing of this bankruptcy; and (4) as long as the fees aren’t owed by explanation of an «SFR» or replacement for return served by the IRS there are various other requirements, such as for instance that the fees can’t be the consequence of a taxpayer filing a false or fraudulent income tax return, and also the taxpayer cannot have designed to evade or beat the fees.

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

Brief response: No, it is really not a appropriate utilization of chapter 13 bankruptcy to register an instance merely to obtain the security regarding the «automatic stay» without having the intent to accomplish the actual situation.

Some individuals file bankruptcies over repeatedly (several or «serial» filers) to over repeatedly stop foreclosures on their house. It’s not only incorrect to do this, but it causes lots of unneeded expense that is legal the home loan businesses which are foreclosing, and in addition lots of unneeded difficulty and cost towards the court system. The bankruptcy court can punish individuals or their solicitors through contempt of court or any other method for filing numerous bankruptcies without the intent to help make them work.

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

Brief Response: Yes.

Home owner’s associations in Minnesota can foreclose on the house for unpaid HOA dues.

Do not lose your house to property foreclosure! In the event that you qualify, it could be feasible for you to definitely register a chapter 13 bankruptcy to get rid of the property foreclosure and invite one to get caught up your delinquent HOA dues, and perhaps also handle your other debts, in a manner that you are able to manage. Call our workplace at (651) 309-8180 to prepare very first consultation that is complimentary certainly one of our solicitors.

Could you be arrested for perhaps not having to pay a learning student loan?

Quick response: No. You simply can’t be arrested for perhaps perhaps not having to pay a learning education loan.

But if you should be sued for a student-based loan and also have a judgment awarded against you, after which are bought by way of a court to respond to questions regarding finances and refuse to do this, then yes, you may be arrested and jailed – not for perhaps not spending your education loan, however for breaking the court’s purchase.

Lesson: if you’re involved with a court proceeding, constantly conform to court instructions. Or perhaps you may get arrested and jailed.

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