Dove law firm Houston and chapter 13 top advices: Many of the courts in Harris County, Galveston County and Fort Bend County require mediation to be completed before a trial can be held. Mediation is when both sides meet with an independent third person who attempts to get the parties to reach an agreement. A mediator is a go-between and does not have the power to make any decisions in the case. If neither side files or prevails on a summary judgment motion and settlement is not reached, the case will be set for trial. In a trial for an unpaid debt, the judge (or jury in some instances) decides two questions. The first question the judge decides is if the Defendant legally owes a debt to the Plaintiff or not. If it is decided a debt is owed, the second question the judge decides is how much the Defendant owes to the Plaintiff. In a debt lawsuit, the Defendant’s ability to repay the debt or reason the Defendant failed to make payments on the debt is irrelevant to the questions the judge is deciding.
The list of property you don’t have to sell or turn over to creditors (exempt property), and the total value that you can exempt, varies by state. Some states let you choose between their exemption list and the federal exemptions. But most Chapter 7 bankruptcy cases are “no asset” cases, meaning all of the person’s property is either exempt or there’s a valid lien against the property. At the end of the process, approximately four to six months from your initial filing, the court will discharge your remaining debts (meaning you don’t need to pay them anymore). However, some types of debts generally aren’t dischargeable through bankruptcy, including child support, alimony, court fees, some tax debts and most student loans.
I hope that you find this website to be helpful and informative. Information on a website, however, is not a substitute for the knowledge and advice of an experienced bankruptcy attorney. Once you have had a chance to look over our website, please fill out the contact form or give us a call to talk more about the specifics of your situation. I will get back to you the same business day, if possible. Take your first step towards a fresh financial start! I believe that customer service should be the number one priority in any business, but it is especially important in the bankruptcy and debt settlement field. When people are struggling financially they may be stressed, nervous and scared about their situation. The prompt returning of telephone calls and e-mails is important so as to help alleviate anxiety. You can also take comfort in knowing that you will be speaking with an attorney every time you call or come in for an appointment. Dove Law Firm, PLLC is a Debt Relief Agency. We help people file for bankruptcy relief under the Bankruptcy Code as well as resolve other debt issues.
Student loan interest paid by you or someone else: In the past, if parents or someone else paid back a student loan incurred by a student, no one got a tax break. To get a deduction, the law said that you had to be both liable for the debt and actually pay it yourself. But now there’s an exception. You may know that you might be eligible to take a deduction but even if someone else pays back the loan, the IRS treats it as though they gave you the money, and you then paid the debt. So, a student who’s not claimed as a dependent can qualify to deduct up to $2,500 of student loan interest paid by you or by someone else.
Chapter 13 bankruptcy is like Chapter 11, which applies to businesses. In both cases, the petitioner submits a reorganization plan that safeguards assets against repossession or foreclosure and typically requests forgiveness of other debts. They both differ from the more extreme Chapter 7 filing, which liquidates all assets except those specifically protected. No bankruptcy filing eliminates all debts. Child support and alimony payments aren’t dischargeable, nor are student loans and unpaid taxes. But bankruptcy can clear away many other debts, though it will likely make it harder for the debtor to borrow in the future. Read more information on additional info.
Meet With Your Tax Advisor: November is a good month to meet with a tax advisor, Powell says. They have finished their October tax filings and may have time in their schedule before the busy tax season starts after the first of the year. “If you sit down and do some math between now and the end of the year, you can make sure you are in a favorable tax bracket,” Barlin says. An advisor can help pinpoint strategies to reduce taxable income through retirement contributions or itemized deductions. That, in turn, may be key to ensuring households remain eligible for some income-based tax incentives such as student loan interest deductions. If you don’t regularly use a tax professional, Barlin says running numbers through tax software can be just as beneficial.