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Blog Posts in October, 2010

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  • Tax
    Tax "return" must be filed 2 years before filing bankruptcy

    Taxes for which returns were not filed at all or…were filed, but within 2 years of filing a bankruptcy are not dischargeable. The issue here is not always just the two-year date as that becomes ...

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  • 3 years before bankruptcy is filed and tax debt
    3 years before bankruptcy is filed and tax debt

    Tax debt that is based on your income and for which a return was required to be filed within 3 years prior to the filing of your bankruptcy petition is not dischargeable in bankruptcy. See 11 U.S.C. ...

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  • Recent Chapter 7 Bankruptcy and Need to File Again?
    Recent Chapter 7 Bankruptcy and Need to File Again?

    If you filed a chapter 7 bankruptcy within the last 8 years and received a discharge, you cannot file another chapter 7 bankruptcy. It is common for chapter 7 bankruptcy filers to need another ...

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  • A prior Chapter 12 or Chapter 13 Prevents a Chapter 7 bankruptcy Discharge
    A prior Chapter 12 or Chapter 13 Prevents a Chapter 7 bankruptcy Discharge

    If you have filed a chapter 12 or more commonly a chapter 13 bankruptcy and received a discharge of one of those cases within the last 6 years i.e. you cannot file a chapter 7 bankruptcy and receive a ...

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  • A Prior Bankruptcy Prevents a Chapter 7 Discharge
    A Prior Bankruptcy Prevents a Chapter 7 Discharge

    If you filed a chapter 7 bankruptcy and received a discharge within 8 years of the filing of your present chapter 7 bankruptcy case, you are not entitled to receive a discharge in the present case. It ...

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  • You qualify to file a chapter 7 bankruptcy but do you qualify to receive a discharge?
    You qualify to file a chapter 7 bankruptcy but do you qualify to receive a discharge?

    Just because you are eligible to file a chapter 7 bankruptcy doesn’t mean you are entitled to a discharge of debt. The following is a list of the major parts of Bankruptcy Code Section 727(a) which ...

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