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Potential for Disaster

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    Potential for Disaster

    I'm sure you guys know by now that the debt I have is primarily from a failed business. I realized yesterday that there is another business started by my ex, but I am not sure if he put his name on the paperwork filed with the city/state/irs for tax purposes. I assumed he used his name, but I am not sure. I don't know how the paperwork was filed, but when he transferred it to the present owner, she told me later that the city didn't have a record of the business at all on file. I have a copy of the Occupational License with his name on it, but nothing else official.

    The only reason why this is important now is because I don't know if I will get a tax bill years from now (the business was started about 3 years ago and I never received a tax bill or anything with my name on it nor did I sign anything for that business), however since we were married, the income and expenses was reported under the business name on our joint income tax return because I assumed he used his name for that business and everything was commingled. I don't think the 3 year rule would apply since the returns weren't ever filed. I would hate to go poking around and have them "discover" that I owe this huge debt "just because" my ex was too stupid to file the paperwork properly. In my experience lately, it seems like bill collectors don't care where the money comes from as long as the bill gets paid. Since I'm over the Means, with such huge business debt, a Ch. 7 might fly, but if not, wouldn't this possibly increase the amount I pay into a Ch. 13? If my ex really owes it, wouldn't I end up paying it in a Ch. 13?

    I just wanted to pose this question because I am in the process of drafing my Matrix and didn't know how to handle this particular situation. Something tells me to contact the proper authorities, complete the paperwork, list the debt so that I don't get any surprises later. My ex really did a number on me!!
    Filed Chapter 7 (Primarily Business Expenses) 04/10/2008 FICO 468 :cry:
    341 on 05/06/08:unsure:House appraisal on day 63:blink: 07/10/2008 Discharged-Asset Case!!!:yahoo:08/09 Transu 559, Equifax 636, Experian 647
    Case Closed 07/15/2009 :D:yahoo:

    #2
    I would contact who ever you have to to make sure it is or is not in your name. If need be list it.
    Sometimes life make you deal with ugly and hateful people ,just think of them as sand paper. They may scratch you and rub you the wrong way but eventually you end up smooth and polished and the sand paper becomes old and worn out.

    Comment


      #3
      SB, this situation needs expert legal advice from an experienced bankruptcy lawyer and possibly a tax expert as well. At the very least, you should include this extra business as a creditor on your list in case something comes up later.

      With two failed businesses now potentially involved in your case, you really need an experienced bk lawyer on your side. Have you found one yet that you like during your free initial consultations with 3-4 in your area?
      I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

      06/01/06 - Filed Ch 13
      06/28/06 - 341 Meeting
      07/18/06 - Confirmation Hearing - not confirmed, 3 objections
      10/05/06 - Hearing to resolve 2 trustee objections
      01/24/07 - Judge dismisses mortgage company objection
      09/27/07 - Confirmed at last!
      06/10/11 - Trustee confirms all payments made
      08/10/11 - DISCHARGED !

      10/02/11 - CASE CLOSED
      Countdown: 60 months paid, 0 months to go

      Comment


        #4
        I found one that I like, but don't know if he is the right person to use with respect to the business debts. The initial consultations I've had so far made me feel rushed and as if they really didn't want too much detail unless I had decided to definately use them. The other problem is the fact that most of the lawyers in my area seem to be proficient in straight BK as opposed one that involved business debts.

        Don't get me wrong, there's plenty of lawyers in my area that handle BK, but lots of them are REALLY small firms (sometimes single atty. firms) and I would like to go with someone that has a bit more experience. I'm thinking I might have to just take my chances with one and hope for the best.
        Filed Chapter 7 (Primarily Business Expenses) 04/10/2008 FICO 468 :cry:
        341 on 05/06/08:unsure:House appraisal on day 63:blink: 07/10/2008 Discharged-Asset Case!!!:yahoo:08/09 Transu 559, Equifax 636, Experian 647
        Case Closed 07/15/2009 :D:yahoo:

        Comment


          #5
          My lawyer was a single lawyer firm , he did a great job . It was him and 1 paralegal . So don't discount the single lawyer firms .

          I hope you found a good one. I remember reading about your case before I got sick and I hope you find the right lawyer .
          May 31st, 2007: Petition Filed by my lawyer
          July 2nd, 2007: 341 Meeting Held
          September 4th, 2007: Discharged and Closed.

          Comment

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