Archive for the ‘Chapter 7’ Category
This is a continuation from the Blog posting on 8/23/10
*Willful evasion of tax or fraudulent tax return
*Debts incurred by fraud or lying with the intent to deceive
*Secured debts where client wishes to retain the collateral, such as vehicles, home etc.
*Tax or judgment claims secured by lien on property owned by debtor.
*Unlisted debts. Debts not included on the bankruptcy schedules.
*Criminal fines or restitution or drunk driving injury claims
*Guaranteed Educational Loans
*Fine or penalty owed to governmental unit
*Damages arising from willful injury to person or property
*Spousal or child support, or ex-spouse attorney fees for obtaining support
*Income taxes less than three years old
*Income taxes over three years and tax return not filed more than two years ago
*Income taxes not assessed at least 240 days
*Payroll taxes and sales taxes
1. Choose someone that will speak to you and meet with you personally. Our attorneys will be happy to speak with you first over the phone before making the appointment.
2. Choose a lawyer who will handle your case personally.
3. Reputation. Choose someone who has satisfied clients.
4. Experience. Make sure you choose a firm that has been actively practicing for at least 10 years and actively practices in bankruptcy court. At Miller and Miller we have been in business only doing bankrupty for the past 17 years.
5. Fair and Reasonable Fees. We monitor our fees to make sure they are fair and reasonable for both of us. You don’t want a cheap lawyer who charges so little that they go out of business.
As reported in the Milwaukee Journal by Paul Gores on July 28, 2010 Bankruptcy filings in Wisconsin rose 16% during the first half of this year, an increase lawyers say was driven largely by consumers and small-business operators who couldn’t find enough work in the slow economy to keep up with their debts. Bankruptcy filings in Wisconsin rose 16% during the first half of this year, an increase lawyers say was driven largely by consumers and small-business operators who couldn’t find enough work in the slow economy to keep up with their debts. There were 16,021 bankruptcy petitions filed in federal court through June, compared with 13,802 during the same period a year ago. See the rest of the article at www.jsonline.com
1. All debts must be listed. It is illegal to pick and choose when listing your creditors. All creditors must be listed even the ones you intend to pay after filing i.e. your mortgage
2. You may have to turn over tax refunds to the bankruptcy trustee. Part or all of any tax refunds due for the tax year a bankruptcy case is file may be required to be turned over to the trustee.
3. You must list all business information if you are self-employed. You must list all personal and business debts, assets and income.
4. You need to refrain from incurring new debts before filing. Intentionally incurring debts with the intent not to pay may be a crime.
5. Keep making your house and car payments if you intend to keep the property.
6. Lying can get your case thrown out of court. The Court may disallow a bankruptcy if a client misrepresents any facts or otherwise lies on the papers filed in the bankruptcy.
7. Bankruptcy stops all bill collectors. The creditors including tax collectors are barred from attempting to collect any debt from you the instant the petition is filed. Bankruptcy does not stop any criminal proceeding or government regulatory proceeding.