Archive | Washington State Bankruptcy

Can I clear an IRS debt through bankruptcy?

Generally speaking, taxes are exempt from discharge through bankruptcy. However, in some cases you can discharge an IRS debt using a Chapter 7 bankruptcy filing. The only IRS debts that can be discharged are those that
are over three years old. There are certain conditions that must be met first.

The first condition is one that is attached to most debts. This relates to fraud and, in the case of taxation, tax evasion. Debts that arise out of fraud or tax evasion cannot be discharged through bankruptcy.

Other conditions include when you filed the tax return for the debt. Your return must have been filed at least two years prior to seeking relief through a Chapter 7 filing. There is also a “240-day rule” that has to be taken into consideration.

The “240-day rule” states that the tax debt in question must have been assessed by the IRS at least 240 days before you filed your bankruptcy petition, or it must not have been assessed as yet. Once your petition for
bankruptcy under Chapter 7 has been processed, your debt to the IRS will be discharged.

This effectively wipes out your personal obligation to pay the debt, and prevents the IRS from going after your bank account or garnishing your wages. There is one exception to this – if the IRS has recorded a tax lien
on your property before you filed your petition for bankruptcy, that lien will remain on the property.

Taxation can be a particularly tricky area when it comes to bankruptcy. It is important to seek legal opinion from a qualified and respected bankruptcy lawyer before proceeding with any application. Their advice could save you a lot of heartache and perhaps hundreds, if not thousands, of dollars.

Many experts believe that we may be headed for another recession. Don’t enter a second recession with piles of debts. I can counsel you on your debts. I am sure that I can be of assistance to you, a family member or a
friend as we all know someone experiencing trouble these days even if we are not experiencing our own financial troubles. Please do not hesitate to make contact with me. I emphasize courteous and discrete consultations
packed with plenty of information. The life impact of meeting with me in person will be unforgettable. You will enjoy a new peace of mind and a fresh hope for the future with a new roadmap for financial success that we
develop together. You can email my scheduler through our website for your free 30 minute consultation at www.washingtonbankruptcy.com or e-mail directly at [email protected]. To schedule immediately, we can be reached at 253-383-1001 M-Th 9am-5:45pm and Friday 9am – 12pm.

Can student loans be discharged through bankruptcy?

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A typical rule of thumb is that student loans and other government and federal debt is non-dischargeable. However, in some cases a debtor may actually be eligible to discharge debt from student loans.

Student loans are almost impossible to discharge in Chapter 7 bankruptcy. The debtor must show actual hardship to discharge student loans. Courts interpret hardship very strictly. If you are able to work, or have another source of obtaining steady income, you probably don’t have sufficient hardship to discharge a student loan in Chapter 7.

In Chapter 13 cases, student loans are not dischargeable if the creditor objects the discharge. There are some schools of thought out there that indicate that student loan creditors usually do not file an objection to discharge in Chapter 13 proceedings. Even if the debt is not fully dischargeable, does not mean all hope is lost. As a practical matter, a Chapter 13 bankruptcy could be used to discharge a large part of student loan debt. Of course, the debtor would be gambling that his case would not be one of the exceptional cases where the student loan creditor does file an objection.

I do not believe most clients should file Chapter 13 primarily to discharge student loan debts. However, I think that the probability of student loan discharge should be considered more than it usually is in pre-bankruptcy planning decisions.

Many experts believe that we may be headed for another recession. Don’t enter a second recession with piles of debts. I can counsel you on your debts. I am sure that I can be of assistance to you, a family member or a friend as we all know someone experiencing trouble these days even if we are not experiencing our own financial troubles. Please do not hesitate to make contact with me. I emphasize courteous and discrete consultations packed with plenty of information. The life impact of meeting with me in person will be unforgettable. You will enjoy a new peace of mind and a fresh hope for the future with a new roadmap for financial success that we develop together. You can email my scheduler through our website for your free 30 minute consultation at staff1. To schedule immediately, we can be reached at 253-383-1001 M-Th 9am-5:45pm and Friday 9am – 12pm.

Do I have to include credit cards with a zero balance on my bankruptcy petition?

While bankruptcy is designed to help people escape serious debt problems, the situation becomes interesting when it comes to credit accounts with zero balances. These are typically credit card debts, either through credit card companies or those issued by individual businesses. When filing for bankruptcy, debtors only need to include actual debts, so in theory, they do not need to list those zero balance accounts. The situation becomes a little murkier if these accounts include monthly or annual fees, and those fees will become due during the bankruptcy process.

In most instances, you can leave these accounts out of your bankruptcy petition. You should be aware that your petition for bankruptcy does become a matter of public record and that most credit providers regularly data match bankruptcy petition notices and their own records. While your account may have a zero balance, your credit provider is quite within their rights to cancel those cards to prevent you incurring new debt.

Should your credit provider not cancel those accounts, they will be available to use post bankruptcy. This can help to kick start a new positive credit history post bankruptcy so it is well worth considering paying down any credit accounts with low balances prior to filing for bankruptcy. Paying down those accounts will not guarantee they survive the bankruptcy process, however, it can be well worth exploring the option.

Bankruptcy will, especially in a Chapter 7 bankruptcy, discharge all eligible debt no matter how large or small the balance is. Paying down to zero any low value (less than $200) balances makes sense for a number of reasons, most particularly, having that account survive bankruptcy and available post bankruptcy.

Many experts believe that we may be headed for another recession. Don’t enter a second recession with piles of debts. I can counsel you on your debts. I am sure that I can be of assistance to you, a family member or a friend as we all know someone experiencing trouble these days even if we are not experiencing our own financial troubles. Please do not hesitate to make contact with me. I emphasize courteous and discrete consultations packed with plenty of information. The life impact of meeting with me in person will be unforgettable. You will enjoy a new peace of mind and a fresh hope for the future with a new roadmap for financial success that we develop together. You can email my scheduler through our website for your free 30 minute consultation at staff1. To schedule immediately, we can be reached at 253-383-1001 M-Th 9am-5:45pm and Friday 9am – 12pm.

How many people filed for bankruptcy in 2010?

As an increasing amount of working families fell victim to job losses, plunging home values, and unforgiving creditors, the number of people in the US filing for bankruptcy rose by 9 percent last year. The total number of bankruptcy filings in 2010 was 1.53 million.

The figure was the highest since 2005 when changes in the bankruptcy laws, making it more difficult and costly to file, led to a sharp decline in the number of Americans seeking court protection. The recent spike in cases is indicative of just how desperate large segments of the American population are, despite the official claims of an economic recovery.

Over the last three years, as the economic recession and 2008 crash took hold, 4 million consumers filed for bankruptcy, with last year’s numbers matching the record levels reached before 2005. While most filers earn less than $30,000 and lack a college degree, a growing percentage of families with incomes above $60,000 and college degrees are being forced into bankruptcy.

The growth in personal insolvency last year was seen in virtually every part of the country, according to the American Bankruptcy Institute. The sharpest rise was in the Southwest and Southeast, with Nevada recording 15,000 filings per million, more than double the 6,600 filings per million recorded nationwide. The state has the nation’s highest unemployment rate and credit card and mortgage delinquency, and, according to realtytrac.com, one in every 99 homes is in foreclosure.

After Nevada, Georgia and Tennessee had the highest filing rates, each with more than 10,000 filings per million, according to the report. The states with the highest year-to-year increase were Hawaii (22 percent), California (19 percent), Utah (19 percent) and Arizona (18 percent).

In South Florida personal bankruptcy filings rose by a staggering 40 percent, the Sun-Sentinel reported, with the number of cases in Palm Beach, Broward and Dade counties rising from 24,681 in 2009 to 34,579 in 2010. Local reports attribute the sharp rise to the pace of home foreclosures, joblessness in the state—where the unemployment rate is 12 percent—and a wave of business closures.

Medical expenses are one of the biggest causes of personal bankruptcy, with a Harvard University study carried out before the economic downturn attributing 62 percent of all filings to health care debts. The study noted that 78 percent of those filing bankruptcy had medical insurance.

However, according to the Economic Policy Institute, family health insurance premiums more than doubled between 1999 and 2009, far outpacing workers’ earnings and overall inflation, as employers increasingly dumped the costs of medical care on their workforces.

The sharp increase in long-term joblessness—the direst since the Great Depression—has worsened the situation. More and more families are forced to rely on credit cards to pay for food, utilities and other basic necessities, in addition to picking up the cost of their health insurance.

Increasingly those who still have a job are facing wage cuts and being forced into part-time and temporary positions. In the past, home equity loans—based on the rising value of their homes—could be gotten to offset the decline in income. These are no longer an option as homeowners owe far more than the dwindling value of their homes. The tightening of consumer credit has also pushed people over the edge, after they borrowed in an effort to prevent bankruptcy.

The crisis is affecting every demographic group. A 2010 study from the University of Michigan Law School, “The Rise in Elder Bankruptcy Filings,” found that those 65 and older are the fastest-growing segment of the US population seeking bankruptcy protection, owing a median $22,562 to credit card companies.

Many experts believe that we may be headed for another recession. Don’t enter a second recession with piles of debts. I can counsel you on your debts. I am sure that I can be of assistance to you, a family member or a friend as we all know someone experiencing trouble these days even if we are not experiencing our own financial troubles. Please do not hesitate to make contact with me. I emphasize courteous and discrete consultations packed with plenty of information. The life impact of meeting with me in person will be unforgettable. You will enjoy a new peace of mind and a fresh hope for the future with a new roadmap for financial success that we develop together. You can email my scheduler through our website for your free 30 minute consultation at staff1. To schedule immediately, we can be reached at 253-383-1001 M-Th 9am-5:45pm and Friday 9am – 12pm.

Do I have to include credit cards with a zero balance on my bankruptcy petition?

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Many experts believe that we may be headed for another recession. Don’t enter a second recession with piles of debts. I can counsel you on your debts. I am sure that I can be of assistance to you, a family member or a friend as we all know someone experiencing trouble these days even if we are not experiencing our own financial troubles. Please do not hesitate to make contact with me. I emphasize courteous and discrete consultations packed with plenty of information. The life impact of meeting with me in person will be unforgettable. You will enjoy a new peace of mind and a fresh hope for the future with a new roadmap for financial success that we develop together. You can email my scheduler through our website for your free 30 minute consultation at staff1. To schedule immediately, we can be reached at 253-383-1001 M-Th 9am-5:45pm and Friday 9am – 12pm.

I’m newly graduated, are there any jobs out there for me?

New census data recently revealed states that Americans between the ages of 20 and 40 have become a “lost generation” of unemployed and underemployed.

The once American dream of going to college, obtaining a degree, finding a career, and making it on your own, is now gone. The Associated Press says that only 2.4% of college graduates find a job that motivates them enough to move out of the state they grew up in. The other 97.6% of graduates will move back home and live with their parents. It is estimated that 5.9 million members of this so-called “lost generation” will finish school, and move back in with their parents. That number is 25% more than during the last recession the U.S. went through.

The even more frightening aspect of all this is that only 55.3% of this generation will ever start a career. Most will continue to work various odd jobs, just like they did when the first left school. That being said, the entire American process of growing up, getting married, buying a house, and having kids is delayed. Marriage among the “lost generation” has reached a new low of 44.2%, and homeownership fell from 67.3% in 2006 to 65.4% in 2010.

On top of all this, economists have squashed the idea of “things will get better soon”, by claiming that this trend will continue for at least the next ten years, and when it’s finally over, it will take another ten years for this generation to fully recover.

When the “lost generation” is finally “found” again, they will be older, but none the wiser, as they will have little experience and absolutely no assets to speak of.

Many experts believe that we may be headed for another recession. Don’t enter a second recession with piles of debts. I can counsel you on your debts. I am sure that I can be of assistance to you, a family member or a friend as we all know someone experiencing trouble these days even if we are not experiencing our own financial troubles. Please do not hesitate to make contact with me. I emphasize courteous and discrete consultations packed with plenty of information. The life impact of meeting with me in person will be unforgettable. You will enjoy a new peace of mind and a fresh hope for the future with a new roadmap for financial success that we develop together. You can email my scheduler through our website for your free 30 minute consultation at www.washingtonbankruptcy.com or e-mail directly at [email protected]. To schedule immediately, we can be reached at 253-383-1001 M-Th 9am-5:45pm and Friday 9am – 12pm.

Bleak Midwinter – The Economist reports on unemployment

Many economic downturns have been accompanied by a good dose of anti-immigrant sentiment, as I have reported in this blog on other posts.

It looks like more anti-immigrant sentiment is "on order"…

December 18, 2010, The Economist reported that unemployment remains high. Unfortunately, as of today Saturday, October 29, 2011, nearly 10 months later, very little has changed.

I don’t really see wages going up; I don’t see housing prices increasing and I don’t see evidence of much increase in job creation. If you expect positive changes to the economy to radically improve your ability to pay off your debts, please reconsider. You may wish to consider lightening your load with a bankruptcy reorganization and debt discharge.

Here is where we were on December 18, 2010 and the economy is not any better.

Where were you at financially with paying off your debts on December 18, 2010? Have you substantially reduced your debt or paid down big chunks of your mortgage? Do you need my help?

Snapshot of December 18, 2010:

Fifteen million Americans are unemployed as of December 18 2010, with the rate edging up to 9.8%.

But there is something even more grim to the story: 6.3 million or 42% of those unemployed have been jobless for more than 26 weeks, effective 12/18/2010.

Even worse, these December 18, 2010 numbers do not include 2.5 million people who want a job but who have not looked for a month or more, or the 9 million people who want full-time work but can only find part-time openings.

COBRA is becoming a problem as of 12/18,2010, as that has an 18 month time limit for contining insurance, and 99 weeks is the longst that anyone can get unemployment compensation.

Once unemployment compensation is exhausted, little remains, except for food stamps for households that do not exceed 130% of the federal poverty guidelines, for example, $26,668 for annual income for a family of four. Usually, food stamps are only available for three months in a three year period for an unemployed able bodied worker.

Health care is a big problem. To receive Medicaid, a family of four would have to have a monthly income of less than $1,654 monthly.

TANF doesn’t provide much relief (TANF replaced Welfare in 1996), as for example a family of four in Ohio would receive only $536 monthly cash assistance on TANF.

I have had the humble and sobering experience of being of assistance to families and singles as far north as Snohomish County and Whatcom County, and as far south as Clark County, Washington and Skamania County, Washington. I have with pleasure helped many stressed-out people in Aberdeen, Hoquiam and Gray’s Harbor County, along with the Kitsap County area and the Key Penninsula; Tukwila, Washington; Lakewood, Washington; University Place, Washington; Puyallup, Washington; and Olympia, Washington; Federal Way, Washington; Bremerton, Washington; Gig Harbor, Washington; Silerdale, Washington; Bangor, Washington; and Tacoma, Washington.

I have helped thousands of people since the mid-1990s.

It doesn’t matter where you are in Western Washington. I regularly help stressed-out people in a diverse number communities in and around the Puget Sound area of Washington, including but not in any way limited to Seattle, Washington, Everett, Washington; Renton, Washington, Kent, Washington and Auburn, Washington.

Please don’t hesitate to give me a call if you find yourself in trouble with a home or investment property. We can set a brief no-obligation in-person consultation.

Don’t forget that it does not matter where you live in Western Washington, be it Bellevue, Olympia, Chehalis, Aberdeen, Olympia, Lacey, Graham, Puyallup, Orting, Fife, Milton, Edgewood, Pe Ell, Raymond, Onalaska, Tenino, Tumwater, Chehalis, Centralia, Gig Harbor or Tacoma., I can often be of foreclosure and/or short sale assistance. I offer a brief, thirty minute no obligation/no cost obligation. You have nothing to lose!

Remember, in Western, Washington, I am here to help you, regardless of where you are facing financial problems, be it Federal Way, Washington; Lakewood, Washington; University Place, Washington; Puyallup, Washington; Graham, Washington; Orting, Washington; Spanaway, Washington; Lacey, Washington; Burien, Washington; Seatac, Washington; Des Moines, Washington; Bremerton, Washington; Silverdale, Washington; Tacoma, Washington; Renton, Washington; Auburn, Washington; Tukwila, Washington; Federal Way, Washington; Renton, Washington; Auburn, Washington; Tukwila, Washington; Kent, Washington; Bremerton, Washington; Silverdale, Washington; or Olympia, Washington.

Just how bad off is the U.S. economy?

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With increasing signs that the economy is struggling, most economists agree that a short-term infusion of spending, or an extension of this year’s temporary cut in Social Security taxes, could help save the economy from another decline. Others however, think that there is no way to prevent the inevitable pending doom upon the U.S. economy, another recession.

Here’s a brief overview of some key stats on where the economy stands.

(Stats were taken from a U.S. Department of Commerce Bureau of Economic Analysis report)

· Annual rate at which the GDP grew this year: 1.3 percent between April and June, 0.4 percent between January and March
· Average annual GDP growth from 1998-2007: 3.02 percent
· Total jobs lost since January 2008: 8.7 million
· Total jobs recovered since January 2008: 1.8 million
· Recession technically ended: over two years ago, in June 2009
· Unemployment rate in July 2011: 9.1 percent
· The "natural unemployment rate": 5 percent
· Months that the unemployment rate has been around 9 percent or more: 28
· Number of unemployed people in July 2011: 13.9 million
· Number of long-term unemployed people in June 2011: 6.3 million, or 44.4 percent of the unemployed
· Number of long-term unemployed people in July 2011: 6.2 million, still about 44.4 percent of the unemployed
· Government jobs cut in July, federal, state, and local: 37,000
· Pace at which jobs were added throughout the late 1990s: 350,000 per month
· Jobs that the Bureau of Labor Statistics initially reported were added in June: 18,000
· Jobs that were added in July: 117,000
· Percentage of the population that’s employed as of July: 58.2%
· Percentage of the population that was employed at the end of the recession in June 2009: 59.4%
· Jobs the U.S. needs to create to 5 percent unemployment rate: 6.8 million, as of January 2011
· Years it will take to get back to an unemployment rate of 5 percent: four years if we’re adding jobs at 350,000 per month; 11 years if we’re adding jobs at the 2005 rate of 210,000 per month
· Unemployed workers per job opening: 4.64 as of May 2011, the most recent month for which data on job openings was collected (3.0 million job openings in May 2011; unemployed people in May 2011: 13,914,000)
· Number of people who weren’t in the labor force, but wanted work, as of June 2011: 2.7 million
· The last time the labor force participation rate was lower than it is now: 1984
· The amount of state budget spending that comes from the federal government: about 1/3, or $478 billion in 2010
· Increase in before-tax corporate profits in the first quarter of 2011: $140.3 billion
· Percentage of Americans’ total personal income that comes from federal funds: almost 20 percent
· Spending cuts in the proposed budget: at least $2.3 trillion over a decade from 2012-2021
· How long you can currently receive unemployment benefits: up to 99 weeks
· The number of those weeks funded to some extent by federal aid: up to 73
· People currently relying on federal unemployment benefits: 3.8 million
· How long you’ll be able to receive unemployment benefits if you lose your job after July 1, 2011: 20 to 26 weeks, depending on your state
· Recovery-funded jobs reported by recipients, according to recovery.gov: 550,621
· Amount of stimulus money left to be spent: $122.8 billion of the original $787 billion

For those of you who want some potentially “closer to home” statistics, here you go:

· 85 percent of college graduates are going to return home to live with their parents after college, according to a May 2011 poll by Twentysomething Inc.
· The national debt is 95 percent of our GDP (Total debt = $14 trillion. GDP = $14.66 trillion as of 2010)
· Just over 80 percent of "prime age" American men (between 25 and 54) are employed today, compared to 95 percent in the late 1960s. According to OECD data, the U.S. has the lowest labor force participation rate for prime age men of any G7 country.

Many experts believe that we may be headed for another recession. Don’t enter a second recession with piles of debts. I can counsel you on your debts. I am sure that I can be of assistance to you, a family member or a friend as we all know someone experiencing trouble these days even if we are not experiencing our own financial troubles. Please do not hesitate to make contact with me. I emphasize courteous and discrete consultations packed with plenty of information. The life impact of meeting with me in person will be unforgettable. You will enjoy a new peace of mind and a fresh hope for the future with a new roadmap for financial success that we develop together. You can email my scheduler through our website for your free 30 minute consultation at staff1. To schedule immediately, we can be reached at 253-383-1001 M-Th 9am-5:45pm and Friday 9am – 12pm.

What can a creditor do if I default on my debt?

A common question that people considering bankruptcy have, is what will happen if they don’t pay back their debt. There is a time frame limiting the ability of a creditor to pursue the collection of a debt. That time frame is in between the time of default and the expiration of the statute of limitations.

After plenty of phone calls and threatening letters, your creditor will have to go to court and obtain a judgment against you. A judgment is simply the official decision of a court at the completion of a lawsuit. If in favor of your creditor, it can be thought of as a court order to pay your debt.

The first step to obtaining a judgment is filing a lawsuit. If a creditor has filed a lawsuit, you will receive notice. It is a legal requirement that you are served with paperwork notifying you of the hearing time and location. This is commonly known as a “summons”.

In the hearing, the judge will decide if the creditor should be allowed to collect the debt. If the debtor fails to appear, the judge has no choice but to decide in favor of the creditor and a default judgment will be issued against you.

If the court rules in favor of the creditor, the creditor then has the right to pursue collection of the debt in question. At this point, the creditor will most likely attempt to collect the debt from you voluntarily. If you do not voluntarily pay back your debt, the creditor will proceed with collecting the debt through other means. This could include requesting a wage garnishment, a levy on the debtor’s bank accounts, and/or a lien on the debtor’s property.

One thing to remember is that this takes time. The time period from your initial summons to collection of debt, is normally several months. All current and future actions by creditors to collect debt will cease immediately once your bankruptcy petition is filed. While I do not recommend waiting until the very last minute to file, you have the time to make an educated decision about your current financial situation, and what you want your future situation to look like.

Many experts believe that we may be headed for another recession. Don’t enter a second recession with piles of debts. I can counsel you on your debts. I am sure that I can be of assistance to you, a family member or a friend as we all know someone experiencing trouble these days even if we are not experiencing our own financial troubles. Please do not hesitate to make contact with me. I emphasize courteous and discrete consultations packed with plenty of information. The life impact of meeting with me in person will be unforgettable. You will enjoy a new peace of mind and a fresh hope for the future with a new roadmap for financial success that we develop together. You can email my scheduler through our website for your free 30 minute consultation at www.washingtonbankruptcy.com or e-mail directly at [email protected]. To schedule immediately, we can be reached at 253-383-1001 M-Th 9am-5:45pm and Friday 9am – 12pm.

Is Credit Counseling really going to help me?

We’ve all heard clients complain about the pre-filing credit counseling requirement and ask why they have to jump through this hoop when they know they’re going to end up filing for bankruptcy anyway. In many cases, we may be inclined to agree: a client facing foreclosure or repossession is in a hurry, and we know that there aren’t any other realistic options on the table.

However, a new study released by the University of Illinois Department of Agriculture and Consumer Economics and MMI, suggests that the credit counseling requirement does benefit those bankruptcy debtors after the fact. The study sought to measure two general areas: change in knowledge and change in behavior.

The educational value, based on pre-test and post-test scores, seems clear: the average score jumped from 77.1% to 85.9%. And an overwhelming percentage of participants surveyed reported that they felt more knowledgeable about their options and more confident in their ability to make financial decisions after the credit counseling briefing.

The other conclusion drawn by researchers–that credit counseling impacts future behavior–is less clear. That conclusion rests on participant reactions to a list of financial behaviors pre- and post-counseling. However, the pre-briefing questions related to actual current behavior, whereas the post-briefing survey asked which behaviors participants plannedto implement. Good intentions being what they are, we’ll need to see some data on actual post-briefing behavior before drawing any firm conclusions on that point.

Many experts believe that we may be headed for another recession. Don’t enter a second recession with piles of debts. I can counsel you on your debts. I am sure that I can be of assistance to you, a family member or a friend as we all know someone experiencing trouble these days even if we are not experiencing our own financial troubles. Please do not hesitate to make contact with me. I emphasize courteous and discrete consultations packed with plenty of information. The life impact of meeting with me in person will be unforgettable. You will enjoy a new peace of mind and a fresh hope for the future with a new roadmap for financial success that we develop together. You can email my scheduler through our website for your free 30 minute consultation at www.washingtonbankruptcy.com or e-mail directly at [email protected]. To schedule immediately, we can be reached at 253-383-1001 M-Th 9am-5:45pm and Friday 9am – 12pm.