If you filed for personal bankruptcy and/or had your house foreclosed on in 2010, you may be wondering how those actions will affect your taxes (due April 18th). Here’s an overview of what you might be able to expect, depending on what specifically happened in your finances during the last 12 months.
As you likely already know, one of the powers of the bankruptcy court is to allow filers to surrender their property (including a home or a car) to their lenders if they are unable to continue making payments on their loans. Specifically:
It’s important to note that debts canceled in bankruptcy court are not considered taxable income. But what happens when you face a foreclosure or repossession outside of a bankruptcy case? A recent post from Credit.com outlines the basics.
The tax forms associated with these two financial concerns are the 1099-A (“Acquisition or Abandonment of Secured Property”) and the 1099-C (“Cancelation of Indebtedness Income”). Here’s when they matter.
A more complete explanation of these tax forms is available from the Credit.com post.
As with all legal codes, the rules that govern debt forgiveness, surrendered property and taxes are complex and highly nuanced. If you’d like an idea about what tax forms you’re required to fill out, you may benefit from speaking with a lawyer or tax specialist in your state.
I have rarely discussed bankruptcy attorneys fees in this blog even though I know that fees are an important consideration for readers who are considering filing bankruptcy. I do not want this blog to be interpreted as an advertisement for my own fees in relation to those charged by other attorneys. However, I recently read two general discussions about bankruptcy attorneys fees which should be very helpful to prospective bankruptcy debtors, and therefore, warrant discussion.
First, I saw a blog post by North Carolina attorney Susanne Robicsek titled, “How Much Does It Cost To File Bankruptcy?” Her article is an excellent guide to comparison of bankruptcy fees charged by different attorney attorneys in your geographical area. Ms. Robicsek explains clearly why an attorney may charge more or less for your bankruptcy than others, and why some bankruptcy attorneys charge higher fees than other attorneys. She also discusses the alternative of do-it-yourself bankruptcy petitions to save money.
Those considering Chapter 7 bankruptcy would be most interested in a recent Memorandum Opinion issued by a bankruptcy judge in the Orlando Division which order presents an accurate overview of the bankruptcy fee market in central Florida. (Case No. 6: 10-bk-12174). The court found that most bankruptcy attorneys charge in the range of $1,250 to $2,500 for a typical chapter 7 case plus filing fees and other costs. For these fees, the court noted, attorneys will spend some time with the client but the attorney delegates to their paralegal most of the client contact, pleadings, and detailed follow-up work. The court stated that an experienced and well-trained bankruptcy paralegal is capable of handling the much of the work involved in a standard chapter 7 case.
Some attorneys provide a more personalized service for higher fees. The bankruptcy judge stated that attorneys providing a “luxury” bankruptcy service do most of the work themselves and more available to “hold the hand” of their clients throughout the process. The court found that $3,600 was a reasonable fee for the luxury service provided in this particular case, although the reasonableness of luxury fees depends on each attorney-client relationship.
Finally, the U.S. Trustee office asked the judge to set a ceiling on Chapter 7 legal fees in the Orlando Division. The judge declined to cap attorneys fees stating the a bankruptcy court should not interfere with market forces, and that some debtors want to pay high fees for a more personalized service.
Are you one of those people that gets a large tax refund every year and you pay bills; or take a vacation with it? You’re providing the federal government with a free, no interest loan on YOUR money if you do. MSN posted this article, How to Adjust your Tax Withholdings, which provides a step-by-step guide to show you how to adjust your tax withholdings to put more money each paycheck in your pocket. Why should you do this you ask?
Besides the fact that you’re loaning your money to the government free of interest and you know they would never reciprocate the sentiment, you’re needlessly tying up your money in an account you cannot access but once a year when your big fat refund arrives. Besides, if you need to file bankruptcy, the trustee has the power to take that tax refund to pay creditors.
Taking charge of your money requires a disciplined approach. Creating a budget that includes your monthly bills is the first step. You also need to include those annual bills like insurance and taxes and set up a savings account, making regular monthly deposits to be sure the money is there when the bills arrive. I know savings rates are low, but it’s better than tying up your money for a year and making nothing for handing it over to the feds for a while.
When it comes to filing bankruptcy under Chapter 7, the trustee’s job is to look for assets to take from you to pay your creditors. Any tax return greater than $500.00 can and will be taken by the trustee. Adjusting your income tax withholding is an easy remedy for you to not only break even at tax time, but leave nothing for the trustee to take to pay creditors. Consult your tax advisor and your bankruptcy lawyer to create the best strategy for you.
Filing for personal bankruptcy is a major financial decision, as you already know if you’re in the middle of a bankruptcy case or have recently received a discharge. And, as you may be realizing in your life after bankruptcy, it is only the first step down the path to financial stability and health.
So what kinds of resources are available to people looking to strengthen their credit and keep themselves on track once the protection of the bankruptcy court is gone? Plenty, according to a recent post from Credit.com. Here’s a look at some top online personal finance tools to help you stay debt free, on budget and financially stronger than before.
No matter what budgeting and personal finance tools you use, remember that taking time to pay attention to your bills, paychecks and budget is an essential part of any bankruptcy recovery.
Mortgage mediation in Chapter 13 bankruptcy is turning out to be more effective than mediation ordered in state court foreclosure cases. This, according to a report presented at a local attorneys’ meeting. Mortgage lenders express greater willingness to modify first mortgages of debtors in Chapter 13 bankruptcy compared to other debtors already facing foreclosure in state court.
The explanations given are common sense. A Chapter 13 bankruptcy debtor eliminates or reduces other debts through bankruptcy which makes it easier to pay the first mortgage and therefore, more likely the modification will succeed. A Chapter 13 permits the debtor to pay only part of his unsecured debts and only part of a second mortgage payment, if any. The debtor pays his other creditors only what he can afford to pay based on current income and expenses. The reduction of all other debts permits the debtor to concentrate on paying his modified first mortgage.
Another explanation for Chapter 13 mortgage modification success is that the foreclosure law firms have only a few attorneys concentrating on bankruptcy mediation because bankruptcy rules make the mortgage mediation procedure more complicated than the standard state court mediation. With few attorneys involved, the mortgage lender’s process and response is relatively consistent and predictable.
Whatever the reason, mortgage mediation program started in Orlando, Florida, bankruptcy court seems to be working.
I remember watching the Wizard of Oz movie every Thanksgiving Day as a child growing up here in the southland. After sticking my fingers into the black olives and then eating them from my fingertips and stuffing my belly fully of all the trimmings that make up every traditional holiday meal, the family would then gather around the television and watch the Wizard of Oz. I always looked forward to eating my piece of pumpkin pie with whipped cream while watching this classic film.
Now, as a bankruptcy lawyer, I find myself breaking every illusion I can find about money, the banking system, wall street and the government. Last week, I was pointed to the Secrets of the Wizard of Oz and Our Current Economic Crisis. This article breaks down the symbolism presented in the original book and the movie and explains the entire illusion and how all the systems play a roll in keeping the American people in slavery (Debt).
I see a sequel to this: Dorothy (a baby boomer) is dying and her children take up her cause and become the hero protagonists that lead the munchkins (American public) out of debt and liberate the masses from the wicked witches (banks and wall street) through bankruptcy. In order to do this, they must break the illusion that bankruptcy is the worst thing for their credit scores because the masses still believe FICO is really important. They must learn that the only thing their credit score tells them is how well they manage DEBT (how ridiculous is this illusion now?). If there is no individual debt then what importance does their credit score hold?
One of Dorothy’s children is a bankruptcy lawyer in southern California (I volunteer to be a hero) who, through her blog, continues to break down the walls and expose the lies being told about bankruptcy and one client at a time, she leads the people to FREEDOM (financially speaking). The moral of the story is that the banks won’t win in the end and the monetary system as we know will implode if the Wizard does not retire and if we don’t kill the Wicked Witch of the East (again).
Bankruptcy is a valuable tool that dates back to the Bible. Financial freedom from debts permanently is the level of transformation that is needed here. If the American people take back Oz by refusing to do business with them (MasterCard and Visa) then they will “melt.”
Looking to add some positive growth to your credit report? A healthy rental pattern could be give your credit score a boost, at least through one bureau. Experian, one of the credit reporting bureaus that supplies information about consumer credit that helps determine people’s credit scores, has started including information about rental payments for some Americans, according to recent post on WalletPop.com.
Here’s what you need to know about how this move could affect you now and down the line, and how your credit could be affected.
The move to report rental payment information was apparently triggered by Experian’s recent acquisition of RentBureau, a company that collects information about rental payment history.
If you’re considering a bankruptcy filing or recovering from bankruptcy, you’re likely familiar with the concept of a credit report, but if you’re new to the idea, here’s a quick summary of the basics:
Most of the time, it happens when you require big amount for long term but due to collateral issue you can not obtain. As per the notion of people, you can only borrow big amount for long duration only when you have collateral to place. However, this statement or thinking is not correct. With the help of long term unsecured loans, individual can easily borrow big amount for long time period without taking risk of property or home. The biggest benefit of this option is that you get fast cash for various requirements. In spite of taking huge risk, lenders do not interfere as far as usage is concerned.
Here are some other benefits of long term unsecured loans:
- Simple and flexible repayment terms
- Many online financial companies are offering the same service. Hence, it has become easy for consumers to choose better option instantly.
- Approval within 24 hours. It doesn’t matter why you are taking such a big amount for long period.
- Unsecured in nature completely. So, there is no requirement to deposit any security.
- Here, consumers can obtain loan amount up to £75000 for the period 25 years.