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    help for usda

    can i file bankruptcy on a usda home?

    #2
    You can include any property in a Bankruptcy. There are only a few thing that are "non-dischargeable" in a Bankruptcy. A mortgage is not one of those things. The most common non-dischargeable item is a student loan. Generally, all fines, restitution, taxes due without penalty within 3 years of filing, fraudulently obtained property or loans, purchased within 90 days of filing (considered luxury or more than $600 to a single creditor), domestic support, willful or malicious claims/damages, DUI-related civil suits, or a dissolution of marriage agreement (consent decree).

    So, yes, you can discharge that USDA mortgage.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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      #3
      If I file for Bankruptcy be for I file my income tax will the USDA take all my tax's?

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        #4
        Originally posted by akmccarty View Post
        If I file for Bankruptcy be for I file my income tax will the USDA take all my tax's?
        If you owe the federal government money, they can offset this debt by offsetting against any future tax refund. This is true for child support and even student loans. If you file bankruptcy, the USDA is stayed (barred) from offsetting your taxes unless they file a motion for relief from stay and are granted relief.

        Since this is just a mortgage, the USDA would not be granted relief and they would not be able to offset your taxes once you file.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

        Comment

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