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Often Asked Questions About Bankruptcy

Often Asked Questions About Bankruptcy

Communicate with Our Oakdale Bankruptcy Attorneys to find out more

Lamey lawyer, P.A. happens to be serving the residents of Oakdale for longer than three decades. Below, you’ll find answers that are brief a number of the concerns we receive many. We acts throughout Pine Springs, Lake Elmo, Maplewood, Woodbury, Oak Park Heights, and much more.

To find out more, dial (651) 309-8180 to schedule a bankruptcy consultation that is free.

Can I be rid of IRS taxes if we file bankruptcy?

Quick response: Yes, if for example the fees along with your situation meet up with the demands. a bankruptcy that is experienced can figure out if you meet with the skills to discharge or cancel your revenue fees in bankruptcy.

In general, taxes may be released in bankruptcy: (1) if they’re over three years old calculated through the deadline of this income tax return; (2) in the event that taxation statements had been filed significantly more than two years prior to the bankruptcy; (3) if the fees are not evaluated within 240 times ahead of the filing associated with the bankruptcy; and (4) as long as the fees aren’t owed by explanation of an “SFR” or replacement for return made by the IRS there are various other demands, such as for example that the taxes can not be caused by a taxpayer filing a false or tax that is fraudulent, therefore the taxpayer cannot have meant to evade or beat the fees.

Could I file chapter 13 bankruptcy merely to stall property property foreclosure?

Brief response: No, it is really not a suitable usage of chapter 13 bankruptcy to register an incident in order to obtain the security of this “automatic stay” with no intent to accomplish the actual situation.

Many people file bankruptcies over and over (several or “serial” filers) to stop foreclosures on repeatedly their house. It is not only incorrect to do this, nonetheless it causes plenty of unneeded appropriate cost to the home loan organizations which are foreclosing, and in addition plenty of unnecessary difficulty and cost to your court system. The bankruptcy court can discipline individuals or their solicitors through contempt of court or any other opportinity for filing bankruptcies that are multiple the intent in order to make them work.

Can my Homeowner’s Association foreclose to my Minnesota house for unpaid HOA dues?

Quick Response: Yes.

Home owner’s associations in Minnesota can foreclose on your own house for unpaid HOA dues.

Do not lose your house to property foreclosure! For you to file a chapter 13 bankruptcy to stop the foreclosure and allow you to catch up your delinquent HOA dues, and possibly also deal with your other debts, in a way that you can afford if you qualify, it may be possible. Phone our workplace at (651) 309-8180 to prepare very first complimentary assessment with certainly one of our solicitors.

Are you able to be arrested for perhaps maybe not having to pay a learning education loan?

Quick response: No. You simply can’t be arrested for maybe perhaps not having to pay a learning education loan.

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But if you’re sued for an educatonal loan while having a judgment provided against you, then are purchased with a court to respond to questions regarding your money and will not do this, then yes, you may be arrested and jailed – not for perhaps not spending your education loan, but also for breaking the court’s purchase.

Lesson: if you should be associated with a court proceeding, constantly conform to court instructions. Or perhaps you may get arrested and jailed.

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