We had a previous bankruptcy which discharged in May 2004. We have medical bills and two car repos that are worry us along back taxes. My wifes work has been sporadic and that caused a lot of the issues. I was hoping we could have a discuss on cost and if it is possible to right back taxes off.
I'd encourage you to call a bankruptcy attorney for a free consultation and shop around and cost a bit. Whether taxes can be dischargeable can be very complicated, so you would really need to chat with an attorney fullly about all aspects of your case in order to get a fee quote. Typically chapter 7 fees are flat fees.
Mr. Landy is admitted to practice in the State of Colorado. All responses are of a general nature, and are according to Colorado law.
You will need to review all of this with an experienced attorney in your area. The issue of a previous bankruptcy requires an analysis of what type you filed, the filing date, and whether you can get a discharge due to the previous filing.
Also with taxes, this is complicated. Issues will have to be examined as to when the taxes were filed, was there an attempt to evade or defeat the tax liability, was there an assessment, etc.
So it is not possible to type in a yes or no answer without some question and answer. Find a consumer attorney on AVVO or use the link below.
I am not your attorney unless you and I have signed a retainer agreement. What I am saying is not legal advice. Do not act on this information without engaging my services, this is for consideration only.
Most bankruptcy lawyers will offer a free initial consultation. Attorney fees generally Bay with the complexity of the case - the number of creditors, the type of debts, whether there are garnishments pending, whether it is a chapter 7 or chapter 13 filing, etc.
As for taxes, some taxes are dischargeable in bankruptcy. Be prepared to provide information to your lawyer regarding the type of tax, what year or years the obligation is from, and when the tax returns were filed.
For chapter 7 cases, typical fees might range anywhere from about $1100 up to $1800 or $2000 depending upon the specifics of the situation. The court filing fee is $335.
You will find list fees than these, but be careful - in a very real easy, you often get exactly what you pay for. There can bea number of reasons why a law firm might offer a very low fee. It could be due to lack of experience, or a high volume practice where there is little time or interest in answering questions or tailoring the representation top the needs of any particular client. Sometimes it can be nothing more than a "come on" to get you in the door where the costs will increase once you are"on the hook".
Select a lawyer in whom you have confidence and with whom you feel comfortable. You should be able to ask questions and get cleat answers.
In all likelihood the medical bills and car repos and any deficiencies would be wiped out.
Back taxes is trickier. If the taxes are real property taxes, they have a priority and remain a lien on your home, if that's what you're referring to. If these are back income taxes, there is generally a cutoff or statute of limitations of 3 years from the date the taxes were reported and became due and owing.
The way you do this is, you click on "Find a Lawyer" above and locate a bankruptcy lawyer in your area to do an initial consultation with, and bring all of your paperwork in. Each lawyer charges a different fee, depending on what your case will be about. There are standard fees. Sometimes its extra depending on whether an adversary proceeding has to be filed.
No one here can give you definite answers, only "depends" answers but the only way to approach this is to have a sit-down face to face, with a lawyer.
This is a public forum. Any questions or answers published here should not be construed as the giving or receiving of legal advice or the formation of any attorney-client relationship. You should consult with a competent attorney in the jurisdiction where your legal issues are pending and get good, solid legal advice. This being a public forum, those answers you do read are merely given for informational purposes only.
I'd be happy to speak with you over the phone for a bit, and our office offers a free in-depth consultation and options on paying your fee. It's important to plan out a well-timed and well-filed case, especially this time of year. Over the past several years, I've helped Coloradans through around 2,000 chapter 7 and 13 cases, so I've seen most situations. Give me a call or send me an e-mail!
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline