justbroke
Super Moderator
Last Activity: Today, 12:10 AM
Joined: 07-10-2008
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The dates I used were examples only based on a filing date of 3/17/2025. It applies to the base tax, not interest or penalties on unpaid tax. However, the date does apply to a tax "assessed" which could mean that the IRS adjusted what you owed outside interest and penalties on a prior bal... -
This is why we have bankruptcy attorneys. Self employment tax is a personal tax. For purposes of this discussion a tax is a tax when it is a tax subject to be paid by an individual.
523((a)(1) says that anything that is priority is nondischargeable. (We call this "excepted" from...Leave a comment:
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You simply look at your account transcripts. That should tell you what you owe under "account balance."
You also asked for something in plain English about SE tax. The bottom line is that you "You must pay SE tax if you had net earnings of $400 or more as a self-employed...Leave a comment:
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I can't tell you what the IRS will do. They are pretty good at bankruptcy when it comes to what is dischargeable. You can always ask them for your balance and for what years it applies. If you didn't file taxes, then the IRS likely filed a substitute tax return and that, under the rule, may be interpreted...Leave a comment:
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They are required to offer waivers because, to be an authorized provider, you must provider waivers to debtors who do not meet the 150% federal poverty guidelines.
Trust me, they make enough money as most people can afford the $50 (and typically must less) for both courses. Most debtors...Leave a comment:
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The IRS is a very cool creditor when it comes to discharging tax debt that doesn't meet the definition for "priority" unsecured debt. The rule is that the tax must (a) have been last due 3 years from filing, (b) have had a return filed within the last 2 years, and (c) if, an assessed tax,...Leave a comment:
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The worst district, when it comes to length of plan....Leave a comment:
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They cannot if you did not reaffirm the loan. Did you file with an attorney? If so, then double check with them that you didn't sign a reaffirmation agreement. If you filed Pro Se, then you should know if you completed and signed a reaffirmation. If you didn't reaffirm the debt, then your personal liability...Leave a comment:
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Welcome to BKForum.Leave a comment:
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The Trustee may ask if anyone owes you money under a domestic support order (DSO). If it's child support, that money belongs to the children, and is exempt anyhow since it is a court-ordered child support payment.
Having wrote that, I think you explained it just fine here. Ask your attorney...Leave a comment:
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The exemption allows the debtor to apply the exemption to a single vehicle.
If you transfer, it will make it worse or even easier for the trustee. Your attorney will likely argue that while you have bare legal title to both vehicles, you have equitable title in only one of the vehicles....Leave a comment:
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Absolutely don't transfer the vehicle before filing. That will cause all sorts of issues. Your attorney seems to think that they can deal with the issue of the vehicle being in the same name. I'm assuming that you own both cars outright with no loans and you have significant equity. If you have no equity,...Leave a comment:
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You say that you talked to your attorney, and to use it for necessities is never an issue. Get your car fixed, pay your attorney, feed, clothe, and house your dependents. Personally I don't see any issue with entertainment since it's an allowed expense so long as it's not extravagant. Did you ask your...Leave a comment:
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Yes, the judge (or their clerk) will decide on the fee waiver. It will be based on what's in that form application to pay in installments.Leave a comment:
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Just so that you know, unless you're in a war zone, deployed overseas by the military, or bound to a bed with no ability to travel, you will not get the education waived. When the court says "exigent" they mean it.
You may be able to get the fee for credit education by simply...Leave a comment:
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A dismissal in a Chapter 13 resets the parties back to where they were the day before the case was filed.
An order dismissing a Chapter 13 doesn't have to say anything other than the case is dismissed and list whether it's with prejudice or has any limitations on refiling. As despritfreya...Leave a comment:
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Very good. You can ask them procedural questions but not legal questions. They should be able to guide you through the process itself as a Pro Se....Leave a comment:
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You can only use /s/ if the court allows it. Attorney use /s/ on penalty of losing their license (or being sanctioned). For we mere mortals, the courts have generally required a "wet" signature on all forms posted by a Pro Se (unrepresented) debtor. This means sign the forms, scan them, and...Leave a comment:
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For MIEB it seems that have a Pro Se law clerk that specifically deals with Pro Se debtors. If MIEB still allows uploads for Pro Se debtors outside CM/ECF, then you should contact the Pro Se law clerk to make sure they still allow that. It appears that was a convenience option during COVID-19. I can't...Leave a comment:
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Personally, I would contact the Clerk of the Bankruptcy court for MIED and ask what constitutes an emergency (skeleton) filing. You do realize that what you suggest filing is not a complete petition? It would be considered an emergency petition. Do you really have an emergency -- like a foreclosure...Leave a comment:
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