The reason I ask is because the mortgage attorneys keep filing a “motion for continuance” each month. It’s been almost a year since we moved. They still haven’t foreclosed on the home. We receive a letter from the county stating that our name was still on the property and we had to keep up the grass and maintenance or they would do it for us and charge us. Now I’m concerned we’ll also be responsible for taxes on a home that we gave up in a chapter 7 bankruptcy. The house was annexed and the property taxes doubled. What can we do?
Right now there are no taxes due on the property. New bills do not go out until August 2007. Can they still bill us after all this time? Wouldn’t the mortgage company holding the lien/deed be responsible?
They can’t try to garnish my wages can they? I don’t live or work in the same county, but I do live and work in the same state.
Posts Tagged ‘Bankruptcy’
Last year we filed a chapter 7 bankruptcy giving up our property. Do we still have to pay taxes on it?
1099-A or 1099-C for mortgage debt discharged in Chapter 7 Bankruptcy?
Our chapter 7 bankruptcy was discharged in Feb06. We had the original intent of reaffirming our mortgage loan and even signed the form to do so; however, Wells Fargo never took us up on our reaffirmation offer for some strange reason, and our attorney let that fact slip by. Therefore, we were not legally responsible for this mtg loan any longer. When Wells Fargo refused to show on our credit report that we had been paying them faithfully, we got fed up with them and told them they could have their house back in Jan08. I mean, how stupid of them to not take us up on our reaffirmation request anyway! My main question is this… Wells Fargo sent us a 1099-A form instead of a 1099-C. Is this correct? I have been trying to research it a bit, and I understand that the 1099-A form is usually used in abandonment cases, which we essentially did end up doing. However, I was thinking we would’ve received a 1099-C instead of the 1099-A since it was a discharged debt in our Ch 7 bankruptcy. ??
If the 1099-A form is the correct form, are we protected by this new Mortgage Relief Act? Here’s the info from my 1099-A form:
Principal outstanding $76,396.22; FMV $65,450.00; Was borrower personally liable for repayment of this debt? “Yes” (how can this be “yes” when it was discharged in our BK-7?!) With this info., what needs to be done on our income taxes this year? Which discharge box w/b the correct one to check on the 982 form in our case?
Sorry about the tons of questions, but Wells Fargo just seems to try to jerk us around at every turn, no matter how hard we tried to work things out with them. They’ve got my “dander” up. Thank you!
Re: Reaffirmation
We signed a reaffirmation form w/ our attorney that they sent to Wells Fargo during the beginning stages of our BK-7 filing. Wells Fargo never responded to that form, thus not taking us up on our reaffirmation offer. Our loan w/ them even shows up on our credit report as “Discharged in Ch. 7 Bankruptcy”. The reaffirmation definitely never happened. And Wells Fargo’s “tax team” is trying to say that the 1099-A form is the correct form because of the fact that we abandoned the property. I am so tired of Wells Fargo’s bullying me on this that I feel like trying to sue them over the whole issue. Just another tidbit that our BK atty brought up– when the foreclosure was filed, an “in rem” judgment is what was filed, which tells her also that we should not have been mailed any sort of 1099 form from Wells Fargo.
bankruptcy and back taxes.?
I had filed bankruptcy a few years ago in which has been discharged. My ever so wonderful attorney never put my back taxes in with it. Is there a way to resubmit them into that bankruptcy or is it all to little to late?
My wife and I must file bankruptcy – we need some advice?
We live in Washington. We own a home that has 95K in equity – but we owe the IRS about 85K. We have gone through the pre bankruptcy counseling and they say we HAVE to file – because we are in the hole 6K per month (long story – I owned a business and got very ill). My income is commission only – and I don’t have commissions coming in which is why I need to file Pro Se’. Basically – do I let the trustee sell my house? Do I need an attorney to make sure the taxes are discharged (they have been owing for over 3 years and over 2 years since I’ve filed – and also the 3rd rule I’ve passed too) because that would be horrible to walk away without them discharged. I have 2 cars I want to give back. If I file now – how long can i live in the home and when do I need to surrender the cars ? I don’t want to milk the system – I just want to find a place to live and have enough time to earn a commission (should be 30 days away)
They may have changed the rules – but I know you can do it pro se. The reason I would even try is I used to be a creditor rep that goes to court and I reviewed every petition to find fraud. I know most things – it’s just the tax lien stuff and the sale of the home I don’t. My attorney wants $1500 up front. It is so embarrassing – I used to make $10K per week – and now I’m reduced to not being able to pay an attorney. Life goes on.
My apartments complex is filing bankruptcy. What does that mean for me?
I got a letter in the mail from an attorney office stating the complex I live in has filed chapter 11. Actually it’s a copy from the US Bankruptcy Court “Notice of chapter 11 Bankruptcy Case, Meeting of Creditors, & Deadlines” Has the case number, tax Id # and Attorney’s name in Irvine CA.
There is a Proof of Claim form for me to fill out. They want to know if I have a claim. I don’t understand.
Does this mean everyone has to move out? What about my lease?
Thanks.
will i get my taxes back after filing bankruptcy $83,000 debt (chapter 7).my lawyer wants to look at my taxes?
my lawyer wants me to bring in my tax papers before i file them so he can decide what to do with my taxes……my lawyer told me before i filed that he will not look at my taxes now all of a sudden he wants to look at my taxes something throws up a red flag at me.
1099-A or 1099-C for mortgage debt discharged in ch. 7 bankruptcy?
Our chapter 7 bankruptcy was discharged in Feb06. We had the original intent of reaffirming our mortgage loan and even signed the form to do so; however, Wells Fargo never took us up on our reaffirmation offer for some strange reason, and our attorney let that fact slip by. Therefore, we were not legally responsible for this mtg loan any longer. When Wells Fargo refused to show on our credit report that we had been paying them faithfully, we got fed up with them and told them they could have their house back in Jan08. I mean, how stupid of them to not take us up on our reaffirmation request anyway! My main question is this… Wells Fargo sent us a 1099-A form instead of a 1099-C. Is this correct? I have been trying to research it a bit, and I understand that the 1099-A form is usually used in abandonment cases, which we essentially did end up doing. However, I was thinking we would’ve received a 1099-C instead of the 1099-A since it was a discharged debt in our Ch 7 bankruptcy. ??
If the 1099-A form is the correct form, are we protected by this new Mortgage Relief Act? Here’s the info from my 1099-A form:
Principal outstanding $76,396.22; FMV $65,450.00; Was borrower personally liable for repayment of this debt? “Yes” (how can this be “yes” when it was discharged in our BK-7?!) With this info., what needs to be done on our income taxes this year? Which discharge box w/b the correct one to check on the 982 form in our case?
Sorry about the tons of questions, but Wells Fargo just seems to try to jerk us around at every turn, no matter how hard we tried to work things out with them. They’ve got my “dander” up. Thank you!
Additional Details
Re: Reaffirmation
We signed a reaffirmation form w/ our attorney that they sent to Wells Fargo during the beginning stages of our BK-7 filing. Wells Fargo never responded to that form, thus not taking us up on our reaffirmation offer. Our loan w/ them even shows up on our credit report as “Discharged in Ch. 7 Bankruptcy”. The reaffirmation definitely never happened. And Wells Fargo’s “tax team” is trying to say that the 1099-A form is the correct form because of the fact that we abandoned the property. I am so tired of Wells Fargo’s bullying me on this that I feel like trying to sue them over the whole issue. Just another tidbit that our BK atty brought up– when the foreclosure was filed, an “in rem” judgment is what was filed, which tells her also that we should not have been mailed any sort of 1099 form from Wells Fargo.
Does claiming bankruptcy include state and federal back tax debts?
I have never filed bankruptcy, but owe bookoo bucks on both, does filing chapter 13 include those debts?
First time Home credit & My Bankruptcy?
Hi.
My bankruptcy was discharged on January 2010; but I kept my house and paying on it. Only credit cards were involved in the bankruptcy. Bought the house on Feb 2009.
I have filed my tax and waiting for the $8000 tax credit and I am just a little worry.
Do you think I might be in trouble because of the bankruptcy? Some how it shows discharge on my credit and not on my wife whi was Not part of the bankruptcy.
My attorney said becauz it’s a realEstate it couldn’t be reafirm but coul ony says Discharged.
We still in the house and making payment on time.
Do you think this wil be an issue with the IRS for the credit
Thanks
In Oregon what part of your tax return can a bankruptcy trustee in a chapter 7 take of your tax refund?
My lawyer says Earned Income credit is safe but is child tax credit safe??
I really want to know about child tax credit I see some states specify that but not sure if Oregon does??
Can someone’s legal power of attorney file bankruptcy for them?
My mother is bed ridden and unable to go to a lawyer’s office to file bankruptcy papers for herself. I am wondering I am with my rights to do so on her behalf as her legal power of attorney?
How does someone who is bed ridden and infirmed to the point that they cannot travel file for bankruptcy? She is not able to go do an office visit and needs someone to come to her residence to sign the paperwork. I am asking this question because I thought I could do so as her representative and legal power of attorney.
can any lawyer file a bankruptcy for a client in any state? (read for clarification)?
Can an attorney file a bankruptcy for a client who resides in a different state than the one he resides in? i.e. Could a lawyer put out a national add campaign to get clients, then file for those clients nationally?
Does the lawyer actually have to be IN the courtroom during the process, or is it something that can have paperwork sent in like filing for a business license or tax id?
Is bankruptcy a county thing or a state thing? in other words, if a person in lets say Texas files bankruptcy, do they need to go to Austin for the court hearing, or do they stay in their county and go to the county court office?
So were planning on doing bankruptcy.. tax return question…?
We went to see a lawyer about doing bankruptcy he said to come back after we had done our taxes so that we knew how much we were getting back. He said that he can only save 800 dollars plus what we have to pay for his services and court costs. My questions is if the court dates are a month after we get our tax check and if we have spent it will they still be able to make us pay what we recieved?? I understand if it’s in the bank account they could easily get it but what if we pay other bills and things with it will we still have to pay the amount we recieved?
How can I stop a checking account garnishment when I have filed for bankruptcy?
I live in Michigan & recently went through a divorce, foreclosure, and was laid off at work. For the past year, I have been unemployed & then am currently temping.
My ex-husband declared bankruptcy and basically, our second mortgage wasn’t foreclosed on (it was a different bank than the first mortgage) and that entire balance is now my responsibility. It’s over $35,000. I was served last summer and then in Feb 2009 my MI State Income Tax refund was garnished. Now, I received a writ of garnishment from the court and it was sent to me FROM my old credit union. THEY were served with papers on 6-18-09 and thankgod, the account was CLOSED so they could not pull money from the account.
I am fearful that now, they will get to my CURRENT bank & possibly my staffing company where I work.
I checked my current bank acct. and there is still a positive balance but what should I do? Close this account?
NOTE: I secured a bankruptcy attorney and paid in full within the first week. I was given a first draft and returned that to them over 3 weeks ago. I am awaiting a SECOND draft. It has not yet been filed with the courts. Am I not protected yet? Any advice would be appreciated. Thanks in advance
I have recently filed for chapter 7 bankruptcy. I am also engaged to be married in 3 weeks. ?
After the marriage I also must set up a payment plan with the IRS for back 941 tax’s. Is there any way this can effect my fiance? Do I need to wait for the discharge or is it ok to be married as long as I have filed?
I am not filing business, only personal per my attorney. Can any business creditors or the IRS go after my fiance or hurt her credit after we are married?