I agree with the last post. Not all tax debts can be wiped out in a bankruptcy. Much more information is necessary in order to figure out if your taxes are dischargeable. Feel free to give me a call at 973-313-1200. I have over 30 years of experiencing helping people like you get a bankruptcy fresh start.
No one can answer your question without running a means test. There are many factors that go into it such as household size, secured debts your are paying, payroll deductions, etc. You should sit down with an experienced bankruptcy lawyer and prove him or her with your last six months of pay stubs and proof of other income (if your are married for your wife also). Only then can your questions be answered.
As the other lawyers who posted have indicated, there is more to the issue of converting your case than just your income. If your lawyer is not willing to consider these other factors, you should look elsewhere.
The first thing you should do is contact the bankruptcy trustee to make sure the money was turned over to him or her. If it was, then you could hire a new lawyer to see if there is a basis to get some or all of that money back. If the money wasn't turned over to the trustee, then the trustee will be the best person to help you, including ultimately referring the matter to the US Attorney.
I agree with the previous answer. I don't know what you mean by the Trustee is highly connected. If you already filed with an attorney and you have confidence in that person, there is no need to look elsewhere. If there are issues with your case that are beyond the expertise of your attorney, I suggest that you find the best attorney based upon that persons skill and knowledge, not their location. Without knowing more of your facts, I can say that a case will not be transferred out of the...
The HAMP guidelines are clear that a reaffirmation is not required in order to obtain a modification after a bankruptcy. I never allow my clients to reaffirm a mortgage debt and have gotten many loans modified after a bankruptcy.That being said, FHA will not modify a mortgage without a reaffirmation and they seem to get away with it. You should contact a lawyer with experience with mortgage modifications.
Alimony and support are considered "Domestic Support Obligations" under the bankruptcy code. In a Chapter 13 a debtor may sometimes discharge other types of marital debts (i.e. equitable distribution). If your ex wanted to discharge the debt to you he would have listed you. He is obviously trying to pay other creditors in a Chapter 13 while avoiding payments to you. This can all be challenged. You must retain an experienced bankruptcy lawyer. Domestic Support Obligations are a first...
There is something called a Qualified Written Request that can be sent to Green Tree requesting, among other things, an accounting of your mortgage account back to the beginning. By the way, your situation is not unusual. Equally outrageous is the $25,000 in legal fees for a modification. You really should consult with a lawyer to find out your rights.
VCIS is not the official court docket. You will be assigned a Trustee and a date for the meeting of creditors. You should consult the lawyer who filed the case for you. If you are pro se, you can always go down to the court to check the docket.
You can file for Chapter 7 bankruptcy so long as you meet the income requirements. Most of your debt will be wiped out. There is a chance that the overpayment and student loans will survive. You might want to wait to turn in the car until after the bankruptcy. You will still be able to surrender it and avoid any claim resulting from the return, but waiting will allow you to continue to use the car (without paying for it) for a little longer. Feel free to contact me if you would like more...