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Not always. There are some exceptions. The most common situations when cancellation of debt income is not taxable involve:
- Qualified principal residence indebtedness: This is the exception created by the Mortgage Debt Relief Act of 2007 and applies to most homeowners.
- Bankruptcy: Debts discharged through bankruptcy are not considered taxable income.
- Insolvency: If you are insolvent when the debt is cancelled, some or all of the cancelled debt may not be taxable to you. You are insolvent when your total debts are more than the fair market value of your total assets.
- Certain farm debts: If you incurred the debt directly in operation of a farm, more than half your income from the prior three years was from farming, and the loan was owed to a person or agency regularly engaged in lending, your cancelled debt is generally not considered taxable income.
- Non-recourse loans: A non-recourse loan is a loan for which the lender's only remedy in case of default is to repossess the property being financed or used as collateral. That is, the lender cannot pursue you personally in case of default. Forgiveness of a non-recourse loan resulting from a foreclosure does not result in cancellation of debt income. However, it may result in other tax consequences.
Wiki User
∙ 13y ago
Wiki User
∙ 12y agoNo, such fees would be discharged as well as the other debts- so you cannot be forced to pay. Due to this fact, when doing a chapter 7, a bk attorney will ALWAYS insist on being paid up front in full.
The above is either an idiot or a wacko...take a choice.
Attorney fee's, like all administrative expenses for the bankruptcy estate, are priority payments made as part of the resolution.
Yes, you may have to pay some amount to retain the lawyer, and he may want to assure enough funds will be avialabe in the estate to pay for his expected fees.
Wiki User
∙ 16y agoPresuming you mean on the cancellation of indebtedness income - generally not.
Wiki User
∙ 14y agoCancellation of Debt is income. HOWEVER there is a special exemption for bankruptcy cancellations that may be applied in most cases.
Wiki User
∙ 12y agoIn some instances, yes. If the debt was not for your principal residence, forgiveness through bankruptcy is considered income and, hence, taxable.
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If you filed chapter 7 in 2005 and your house was foreclosed on in 2007 do you have to pay taxes on it?
If the foreclosure was not part of the bankruptcy, yes.
Can you reopen a chapter 7 bankruptcy that was closed without discharge due to the petitioner's failure to provide the CCFM schedule?
yes u can u have to contatct the bankruptcy clerks office to pay the fees and get the paperwork started
Can you file chapter 13 bankruptcy in June 2010 after filing chapter 7 bankruptcy in June 2006?
You can file Chapter 13, but you would need to pay all creditors in full because you are not eligible to receive a discharge. If you want file Chapter 13 and receive a discharge, you must wait to file until 6 years have passed since your Chapter 7 case. You would to wait 7 years if you want to file another Chapter 7 case.
What does a bankrupt discharge?
The chapter 7 discharge order eliminates a debtor's legal obligation to pay a debt that is discharged. Most, but not all, types of debts are discharged if the debt existed on the date the bankruptcy case was filed. (If this case was begun under a different chapter of the Bankruptcy Code and converted to chapter 7, the discharge applies to debts owed when the bankruptcy case was converted.) Some of the common types of debts which are not discharged in a chapter 7 bankruptcy case are: a. Debts for most taxes; b. Debts that are in the nature of alimony, maintenance, or support; c. Debts for most student loans; d. Debts for most fines, penalties, forfeitures, or criminal restitution obligations; e. Debts for personal injuries or death caused by the debtor's operation of a motor vehicle while intoxicated; f. Some debts which were not properly listed by the debtor; g. Debts that the bankruptcy court specifically has decided or will decide in this bankruptcy case are not discharged; j. Debts for which the debtor has given up the discharge protections by signing a reaffirmation agreement in compliance with the Bankruptcy Code requirements for reaffirmation of debts.
If you are filing Chapter 7 bankruptcy which creditors should you pay first?
There are debts that are not dischargeable in BK. Federal and State taxes. Child support and/or alimony. Student loans. Personal injury judgments, etc. A BK discharge does not mean debts are no longer owed. It prevents the creditor(s) from attempting to collect. After discharge, a consumer can choose to pay any creditor, without reassuming the debt as a whole.
How long should a person wait after a chapter 13 bankruptcy is dismissed to file income taxes for that year to guarantee to receive the refund?
You have to file your income taxes yearly regardless of whether you have filed for bankruptcy or not. Yes, IRS may garnish your refunds to pay toward your debts. If your bankruptcy is over however, you don't have to worry about that.
If you don't pay taxes but work can you file bankruptcy?
Yes
Should you wait until after bankruptcy discharge to pay cash for a car?
no you should not
How soon after filing bankruptcy can you buy a car?
Within days after your discharge. You will have to find one of those dealers that arrange financing, and you will pay a high interest, but it can be done. You cannot do it after filing but before discharge, except in a chapter 13, with permission of the court.
Are All Kinds of Bankruptcy Debts Be Discharged?
Discharging debts depends upon the petition of bankruptcy and the chapter under which the bankruptcy has been filed. For the debt to be discharged it needs to fully settled after which you may be able to free from the burden. The bankruptcy attorney will guide you about the debts and after analyzing the situation will choose the chapter of bankruptcy under the United States Section.Debts discharge will only takes place if you file in chapter 13, where you plan a schedule to repay every debt you have on your name. On the Other hand, Chapter 7 has many exceptions like student loan, alimony, child support, fines and fees under law, debts acquired through fraud, un paid taxes or if you have received a debt discharge within last 9 years.The debts which can be discharged:Unsecured loans are usually discharged.Debts of willful and malicious injuryNon-dischargeable tax obligations.Debts from property settlement in an event of separation.Those who think that their personal debt liability will get the discharge under chapter 7 should consult their attorney to find out how and when all the debts will be discharged. In case you cannot pay back the loan due to undue circumstances you can file under 'undue hardships' and you may get a discharge. Though it is the sole discretion of the court to discharge the debt or not.Also, those debts which you have acquired using means of fraud are not easily discharged from the court if you filed chapter 7 of bankruptcy. Under chapter 13, you have to clear all the funds, and then you will get the discharge. The process of discharge or the decision over discharged debts can be invalidated if the creditor, or trustee of the court sees any wrongful document or fraud with the bank, the discharge may even be cancelled.Personal debt liability is cleared off in bankruptcy in all the chapters of bankruptcy, only the way is different. Chapter 7 liquidates and the court pays to the creditors while in chapter 13, and 1, you won't get the discharge till you pay and settle with the creditor. Any loan or debt which is not mentioned in the bankruptcy petition will not be discharged by the court. All your credit cards and liens are eliminated if you are filing under a specified chapter.
How does chapter 11 bankruptcy affect you?
Chapter 11 bankruptcy allows you to reorganize your debt so that you may pay it off. But it is not for everyone. You should contact a lawyer to see if you could even qualify for Chapter 11 bankruptcy.
Can a secondary card holder discharge the debt if they declare bankruptcy?
No. The secondary card holder can only discharge his/her own obligation to pay. The primary will staill have to pay.
