In essence, bankruptcy already has a bad implication and this negativity is amplified with the new amendments in the laws pertaining to it. For a number of people, however, this turns out to be their only bet. Therefore, it is imperative that we have a good grasp on what the concept really is, what the filing requirements and procedures are and what the process is. The option to consult a Tampa tax lawyer should not be neglected as his expert opinion is instrumental in bankruptcy filings.
First, what is bankruptcy? It is when a person or business is proven incapacitated to pay his dues. There are three different classifications, or more legally referred to as Chapters, of bankruptcy for individuals, married or domestic partners. Let’s examine each Chapter.
• Chapter 7 – debtors, mostly individuals or couples, are provided with the time to liquidate their assets to pay off their dues and given permission to have sufficient funds to help them reclaim their balance in the financial arena.
• Chapter 12 – specifically made for family farmers and fishermen
• Chapter 13 is also called “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 their financial obligations.
Small-Medium Enterprises can employ the use of Chapters 7, 11 or 15. In the first chapter, businesses are closed as a result of bankruptcy. The 2nd alternative allows businesses to stay in operation while re-organizing their debts. Chapter 15 specializes on foreign debt management. To reiterate, the importance of employing the services of a Tampa tax lawyer should not be taken for granted.
Bankruptcy relief encompasses, among others, credit card debt, professional fees and unsecured loans. Child or spousal support and some tax debts, conversely, can’t form part of bankruptcy relief.
What are the filing requirements? Again, this is an area where a Tampa tax lawyer can offer worthy assistance. The bankruptcy provisions were reworded in 2005, making the process more complex and tough for debtors. Outlined below are a few of the rules and regulations:
• Copious amounts of documents regarding earnings and cost are needed for filing. Your Tampa tax lawyer can help you determine which forms you should submit and help you generate them.
• You need to experience debt counseling from an approved credit counseling agency within half a year before filing.
• You have to meet income requirements. The recent rules are geared at decreasing the number of people who file for Chapter 7. You are supposed to fall within your state’s median income, and also meet other requirements which change area by area. People who do not qualify for Chapter 7 will have to file for Chapter 13.
There are two ways in checking if you qualify for Chapter 7:
a. Refer to the US Trustee Program of the Department of Justice
b. Seek advice from a qualified Tampa tax lawyer
Now, the biggest question is on how to file for bankruptcy. Yes, you can do it on your own but the fact that this is a legal process necessitates for the services of a professional. Next , after deciding as to which provision you will file under, whether Chapter 7 or 13, you can now file your claim in any bankruptcy court. A trustee, whose sole responsibility is making sure you have all the relevant data, is then assigned to you. You will also be obliged to tell your creditors so they will terminate in their attempts of collecting payment from you. As your bankruptcy claim is being processed, you may be required to meet with your creditors. With all these detailed procedures, it is clear that filing for bankruptcy is a long-and-winding process; you are then required to have enough patience to see it through.
Finally, what is the effect of a bankruptcy claim to your income taxes or IRS standing? It depends. First, a forgiven debt is treated as a taxable income, except in the case of bankruptcy. Second, filing for one minimizes the other tax benefits entitled to a debtor. Third, it creates a bankruptcy estate, which has all your assets and is considered a separate taxable entity when the claim is filed under Chapter 7 or 11. Consequently you have to pay taxes for this newly-formed asset.
To learn more about the guidelines in bankruptcy, you can check with the IRS. Another good thing to do is to consult a Tampa tax lawyer. Deciding to file for a bankruptcy is stressful move; hence, it is imperative that you have everything you need to make this smart move.
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