Income Tax

[rharsanyi]

Can you include 2004 income tax owed in a BK?
Also, I sent a letter of explanation to some of my creditors explaining my fincancial situation, and a check, in the body of the letter I offered the check to settle all claims and that by endorsing said check would do so, or that if not in agreement to return the check to me, and I would continue making the minimum payments as before. This was also written on the back of the check. I learned of this practice through insurance agencies and thought I would give it a try. 3 of the credit card agencies cashed the check, but claimed that their agreement with me overrides this claim, I say by endorsing the check supercedes all previous agreements. Does anyone have a take on this?

[HRx]

Hi,

You're not going to be able to discharge your '04 taxes. Just work out a repayment plan with the taxation dept. Clever intent to settle your debts, but it really isn't going to do much, unless your willing to hire an attorney to enforce the offer you made and they "signed". You're better off spending this money on a BK attorney.

Good Luck!

[HHM]

Can you include 2004 income tax owed in a BK?
Also, I sent a letter of explanation to some of my creditors explaining my fincancial situation, and a check, in the body of the letter I offered the check to settle all claims and that by endorsing said check would do so, or that if not in agreement to return the check to me, and I would continue making the minimum payments as before. This was also written on the back of the check. I learned of this practice through insurance agencies and thought I would give it a try. 3 of the credit card agencies cashed the check, but claimed that their agreement with me overrides this claim, I say by endorsing the check supercedes all previous agreements. Does anyone have a take on this?

There is not a court in this land that would uphold your "agreement by endorsement" clause you wrote on the check, nice try, but its pretty well settled that such types of efforts are unenforceable in this context. Basically, all you accomplished was making a payment to your creditors.

[rharsanyi]

Thanks

Thanks for the response on this. I don't understand how insurance companies get away with it. I included a letter with the check and the intentions with which this particular check was to be used for or the option to return said check. I'm having a hard time understanding what their argument could be. But yes, I guess it was a nice try to screw the greedy bas*ards who are charging me over 30% interest!