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Tax consequences of Bankruptcy

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    Tax consequences of Bankruptcy

    I have a couple of questions that maybe someone might be able to help me with.

    My first concern is regarding taxes and bankruptcy. I am filing for Chapter 7 and want to know if I receive a discharge, will all of the discharged debt (around $48,000) be considered income by the IRS and would I expect to have to pay taxes on that??

    Second, I received a request from my attorney for my bank statement as of the day I filed which was 9/20. I sent a printout from bank of america online, but it didn't show my name hence that wouldn't work. My account statement cycle just ended yesterday, so my September statement is available online and it does show my balances (checking acct and savings acct) for 9/20, but also everything after that--including direct deposit from my paycheck on 9/21. My balances as of 9/20 were $3.25 in my checking and $3.47 in my savings, so clearly not a lot, but when I got paid on Friday, I transferred some money to my brokerage account and paid my student loan payment. I included my brokerage account statement with my filing papers for my attorney, so the trustee will know about that account, but what I want to know is, since I filed on 9/20, will they raise an eyebrow to a $100 transfer to the brokerage account that posted on 9/24 even though that was done after the date of filing? I live in Oregon and will be using Oregon's exemptions, and on the date of filing, my brokerage account was only worth $220. $200 of that is exempt, and my attorney said that the trustee will most likely not even bother with the additional $20, but as of 9/26, on the statement, it is worth $354. I know it's not a lot of money, but I just want to know if they will try to go after that money even though I earned it AFTER I filed my petition. Other than my brokerage account, I have no other assets. I don't own a car, home--nothing, so that brokerage account is pretty much my only "nest egg" to fall back on in an emergency. Please give your input.
    Filed 9/20/07
    341 on 10/26/07
    awaiting discharge 12/26/07 (best Christmas present of all!)

    #2
    No, any debt discharged in a bk is NOT subject to tax. So don't worry about that.

    Most trustees are not too picky about the bank account balance as of filing date, just as long as you give it your best effort to report the right amount and can support it if questioned.

    The $354 amount occurred AFTER you filed, so is not part of bk estate, which only includes non-exempt assets as of the date you filed.
    Filed Business Chapter 7: 7/11/07
    341 Meeting: 8/8/07 Asset Case
    US Trustee reviewed case/resolved 9/14/07
    Discharged: 10/11/07 Closed: 11/2/08

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      #3
      As far as your first question is concerned: NO - discharged debts do NOT have to be listed as income. Only a debt settlements in excess of $600 or over are considered taxable income because the lender/bank will run a 1099.
      As far as the second question goes - I think you have to submit statements of all your cash accounts, not just your bank account(s).

      Comment

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