In essence, bankruptcy already has a depressing tone and this negativity is increased with the latest changes in the laws surrounding it. For a number of people, on the other hand, this becomes their best resort. Thus, it is imperative that we understand what the concept really is, what the filing requisites and guidelines are and what the process is. The option to refer to a Tampa tax lawyer should not be neglected as his services is very important in bankruptcy filings.
Bankruptcy is a state when a person or business is no longer able to settle financial obligations. When applied to individuals, three types of bankruptcy emerge:
• Chapter 7 – debtors, mostly individuals or couples, are granted with the time to liquidate their assets to pay off their financial obligations and allowed to have enough money to help them regain their balance in the financial realm.
• Chapter 12 is tailored-fit for family farmers or fishermen
• Chapter 13 is also known as “debt reorganization.” This is for people who demonstrate the ability to pay some or all of their debts. Usually, debtors are given three to five years to pay off the debts.
Corporations can employ the use of Chapters 7, 11 or 15. In the first chapter, businesses are shut down as a result of bankruptcy. The 2nd choice allows businesses to stay in operation while re-organizing their debts. Chapter 15 specializes on foreign debt management. To reiterate, the importance of referring to a Tampa tax lawyer should not be overlooked.
What does bankruptcy relief cover? Credit card debt, medical bills, and unsecured loans are examples of debt that can be covered. Child or spousal support and some tax debts are not covered.
What are the filing procedures? Again, this is an area where a Tampa tax lawyer can give worthy support. The bankruptcy regulations were reworked in 2005, making the method more intricate and challenging for debtors. Outlined below are a few of the rules and regulations:
• A pile of paperwork detailing your earnings as well as expenses is necessary to support your bankruptcy claim.
• Debt counseling from pre-screened counseling agencies is needed six months before filing.
• You are supposed to meet income requisites, which should fall somewhere in your state’s median income. Incidentally, this changes from county to county.
To check if you qualify for the requirements for Chapter 7, you can check out the US Trustee Program of the Department of Justice or employ a qualified Tampa tax lawyer.
How do you file for bankruptcy? You may do it on your own, but don’t’ forget that it is a legal process with far-reaching outcomes. You may need a professional who is experienced in bankruptcy laws. You pick whether you are filing for Chapter 7 or 13 and then file with the bankruptcy court. You are then assigned a trustee who is in-charge of ensuring that you gather all the required information. Next, you tell your creditors of your move to file for bankruptcy. They will then cease their attempts of collecting payments from you. As the cycle keeps on, you are required to talk with creditors. Filing for bankruptcy is a long-and-winding process, so be willing to see it through.
Lastly, how does filing for bankruptcy affect your income taxes or IRS standing? The plain answer is that it depends. Essentially if a debt is forgiven, then that amount is deemed taxable income by the IRS, with the exception of bankruptcy. Conversely, bankruptcy will reduce the other tax benefits the debtor otherwise may have been qualified for. One more thing to consider is that when you file for bankruptcy, it makes a bankruptcy estate, which contains all your assets. If you file under Chapter 7 or 11, this creates another taxable entity, meaning that you will have to pay taxes on the estate.
The rules and guidelines of bankruptcy can be very confusing. For additional information, you can refer to the IRS for detailed tax inquiries. You should also consult with a Tampa tax lawyer. The choice to file for bankruptcy is a major life decision: be certain that you are equipped with all the assistance and information you require to make an intelligent choice.
Filed under Blog by IRS Tax Attorney