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USA? UK? Canada? Since youspeak of income tax [refund] you are probably in the USA. If you have decided to file bankruptcy in any of those countries there really isn't much any creditor can do to you. Nobody except the IRS or a child support creditor (i.e., mother of a child of yours, or a state acting for her) can seize a US tax refund. Get caller mississippi and stop accepting calls from people you don't know. If you are being bothered at work tell them you are filing bankruptcy and that there is nothing they can do about it, and that if they harass you, you'll be suing them under federal law. You can find your rights at your case is simple -- if you have no assets to protect: no house, to equity in a car to speak of; if what assets you do have fit within your state's (or the federal, if that applies) exemptions, then you can file on your own. But you do have to take a debt management course first: -- otherwise your petition will be rejected. And if you have tax debts, your really need to speak to a lawyer who can explain which tax debts can be discharged and which can't. Student loans are non-dischargeable as are fines and penalties and certain other debts. See the Nolo Press book ( ) on bankruptcy; perhaps it's in your public library. Your county law library will have technical manuals on bankruptcy, although those may be a bit too technical for you. The best general one is published by the National Consumer Law Center If you decide to file on your own, make sure you don't forget any creditors. Although a no-asset chapter 7 extinguishes even debts you may have forgotten, you might have to spend money defending yourself. Go through your old bank statements and bills carefully. And collect your tax records: you're going to need to bring 3 years' tax returns to your 341 Meeting of Creditors. I suggest you visit the court once or twice, and also attend some meetings of creditors. It will reassure you to see how they work, and you can chat with others in your situation. And bear in mind that bankruptcy doesn't solve any problem except existing debts: if your insolvency is due to lack of money management skills you may find yourself worse off (worse because you can't file again for years . . .)
I was on the same situation and this site helped me CREDITVAULT.NET- RE Bankruptcy? Has anyone ever filed bankruptcy? I am getting money saved to pay the lawyer yet I have places calling me lawyers the places have hired and can they take from my Income tax? If I have not gone to court eiththem yet
First of all, bankruptcy laws are federal and DO NOT vary from state to state. Exemption statutes (how much property you can keep) do vary from state to state with the idea that a higher cost-of-living state having a higher exemption. Doesn't always work that way, but that's the idea. If these creditors are nongovernmental units, they cannot levy your tax refund easily. Governmental units should have already contacted you, in writing, stating the intent to levy tax refunds. Nongovernmental units must take you to court before they can take any further action. The court may suggest that you use any tax refund. I hope you have already contacted a lawyer and found one you like and feel you can trust. Don't necessarily take the first one you meet. However, don't shop based solely on price either. Remember, sometimes you get what you pay for. A fair lawyer will meet with you initially for free (free initial consultation). If the meeting gets too specific or runs too long or if he/she is asked to do something to intervene for you, then you may be expected to pay. They should let you know this as well. Under federal law, you are allowed to pay your filing fee in installments under certain circumstances. If you need to do this, let your attorney know.
First, relax and educate yourself. Bankruptcy laws vary so be sure to look up some information online and contact a debt solution agency, and then possibly a lawyer, within your own state. Yes, creditors can garnish your wages, and put liens on your bank account and tax refund but I *believe* this is only after they sued you and have received a judgement against you. Gather ALL your bills. What I did was put all my original creditors on an Excel spread sheet, then I put the corresponding collection agencies and lawyers on it as well. To file bankruptcy you have to have complete creditor info...address, phone number, your account number with them, approximate date credit line opened, etc. Also list any other people you have contacting you, for example, places to whom you may have bounced checks to, and your utility companies if those are way behind as well. Make an appointment with a debt colutions agency *first* such as this one (don't know where you live though!) www.greenpath.com. They will help you determine whether or not it's in your best interest to file bankrupcty, or go on some sort of debt program that they offer. Good lucK!
Don't listen to that person, YOU make the first legal move and get a lawyer and file, once you have filed they can't do anything anymore until the case is heard in court, most of the time the creditors don't bother to send anyone to court, so you win. The reason I said not to listen and go to a debt collector or agency is because once they know your doing that sometimes they demand the entire amount and if they file anything against you FIRST it's harder to file bankruptcy.
Depending on your bankruptcy lawyer who has the authority to assist your situation. Bankruptcy is the right decision for suffering debts financially.
The most common benefits of bankruptcy are that it can help you get out of debt by eliminating your credit card debt, erase a second mortgage or home equity debt encumbering your home, and help you rebuild a car loan. Also, contrary to what many people think, you can rebuild your credit and actually many people will have an improved credit score within 1-2 years after they file .
Bankruptcy must handle , then face your debt and ask the experts to guided.