Usually Asked Questions Regarding Bankruptcy

Communicate with Our Oakdale Bankruptcy Attorneys for more information

Lamey law practice, P.A. is serving the residents of Oakdale for over three decades. Below, you’ll find brief responses to a number of the concerns we get many. All of us acts throughout Pine Springs, Lake Elmo, Maplewood, Woodbury, Oak Park Heights, and much more.

To find out more, dial (651) 309-8180 to schedule a bankruptcy consultation that is free.

Could I be rid of IRS taxes if we file bankruptcy?

Brief response: Yes, should your fees as well as your situation meet with the needs. a seasoned bankruptcy attorney can determine if you meet up with the skills to discharge or cancel your earnings fees in bankruptcy.

In most cases, income taxes could be released in bankruptcy: (1) if they’re over 36 months old calculated through the deadline associated with income tax return; (2) in the event that tax statements had been filed a lot more than a couple of years prior to the bankruptcy; (3) if the fees weren’t examined within 240 times ahead of the filing regarding the bankruptcy; and (4) provided that the fees aren’t owed by explanation of a “SFR” or replacement for return served by the IRS there are more demands, such as for example that the fees can not be the consequence of a taxpayer filing a false or fraudulent tax return, additionally the taxpayer cannot have meant to evade or defeat the fees.

May I register chapter 13 bankruptcy simply to stall property property property foreclosure?

Brief response: No, it isn’t a appropriate usage of chapter 13 bankruptcy to register an incident merely to have the security regarding the stay that is”automatic minus the intent to accomplish the situation.

Many people file bankruptcies over repeatedly (several or “serial” filers) to stop foreclosures on repeatedly their house. It is not only incorrect to take action, however it causes lots of unneeded expense that is legal the home loan businesses which can be foreclosing, and in addition lots of unneeded difficulty and cost into the court system. The bankruptcy court can discipline individuals or their solicitors through contempt of court or any other opportinity for filing bankruptcies that are multiple the intent in order to make them work.

Can my Homeowner’s Association foreclose on my Minnesota house for unpaid HOA dues?

Brief Response: Yes.

Home owner’s associations in Minnesota can foreclose on the house for unpaid HOA dues.

Do not lose your property to property property property foreclosure! For you to file a chapter 13 bankruptcy to stop the foreclosure and allow you to catch up your delinquent HOA dues, and possibly also deal with your other debts, in a way that you can afford if you qualify, it may be possible. Phone our office at (651) 309-8180 to prepare your first consultation that is complimentary one of our solicitors.

Are you able to be arrested for maybe perhaps maybe not spending education loan?

Brief response: No. You simply cannot be arrested for maybe maybe maybe not spending education loan.

But then are ordered by a court to answer questions about your finances and refuse to do so, then yes, you can be arrested and jailed – not for not paying your student loan, but for violating the court’s order if you are sued for a student loan and have a judgment granted against you, and.

Lesson: if you’re involved with a court proceeding, always adhere to court instructions. Or perhaps you may get arrested and jailed.