Winter Park Chapter 7 Bankruptcy Attorney
Serving Clients in Winter Park and Orlando
Searching for an attorney? At Richard A. Heller, P.A., our legal team has
nearly 75 years of combined experience. We take our jobs seriously and are committed to
delivering outstanding results and ensuring that our clients are satisfied
with their experience with us. As a result of our focus on client satisfaction,
we are accredited by the Better Business Bureau (BBB) with an A + Rating,
and Attorney Richard A. Heller is BV® Distinguished™ Rated by
Martindale-Hubbell®, for our ethical standards and legal ability.
Do you want to become debt-free? If you are currently struggling with crushing
debt, you are not alone. All across the country millions of Americans
are in financial distress. Whether your financial problems were caused
by an unexpected job loss, a divorce, an accident or an illness, or simply
tough economic times, we want you to know that help and relief are available
with our Winter Park
To see if Chapter 7 is right for you, set up a free consultation with a
bankruptcy lawyer at Richard A. Heller, P.A.
Contact us online or call (407) 501-4052. Se habla Español.
We serve Winter Park and Orlando.
Chapter 7 Basics - What You Need To Know
Chapter 7 is known as the "liquidation bankruptcy" because debtors
liquidate their non-exempt assets in order to pay off creditors. However,
due to the bankruptcy exemptions, many Chapter 7 cases are no-asset cases
and the debtor doesn't have to liquidate anything.
How Do I Qualify For Chapter 7 Bankruptcy?
In order to qualify for Chapter 7, you must first pass the "bankruptcy means test," which will compare your income and household size to the median
income of the state. If your income is too high and you don't qualify
under Chapter 7, you will need to consider filing
Chapter 13 instead.
What Debt Can Chapter 7 Bankruptcy Discharge?
Chapter 7 discharges or "wipes out" certain unsecured debts.
Once these debts have been discharged, the creditors are legally prohibited
from contacting you and pursuing any type of debt collection activity.
You will no longer be responsible for paying any debts that are discharged
in your Chapter 7.
The types of debts that can be discharged in Chapter 7 include:
- Credit card debt
- Personal loans
- Certain taxes
- Medical debt
- Utility bills etc.
What Types of Debt Cannot Be Discharged in Chapter 7?
While many unsecured debts can be included, the following types of debt
cannot be discharged:
- Government Student Loans
- Child Support
- Alimony/Spousal Support
- Recent Taxes
- Court Ordered Fines
- Victim Restitution
Can IRS Debt Be Discharged in Chapter 7?
Most of your tax debts cannot be cleared in bankruptcy. Rather, you will
still have these debts at the end of your Chapter 7 bankruptcy case. Under
a Chapter 13 bankruptcy agreement, your IRS debts will need to be paid
back in full, through your repayment plan.
If you want to discharge your tax debts, you will probably want to use
the Chapter 7 bankruptcy option. However, you should only use this option
if you have debts that qualify for discharge, and you meet the criteria
Which Tax Debts Can Be Discharged?
Under Chapter 7, you can eliminate debts for federal income taxes if you
meet the following qualifying criteria:
Income Taxes: Taxes that aren’t counted as income, like payroll taxes or fraud
penalties, are unable to be eliminated through bankruptcy.
Fraud or Willful Evasion: Filing a fraudulent tax return or willfully trying to avoid paying taxes
will disqualify you from discharging the debt in Chapter 7.
Older Debts: To get rid of your tax debt, your tax return will need to have been first
due to be filed at least three years prior to when you file. It must be
for a return that was filed by you, not a substitute return by the IRS,
at least 2 years prior to your bankruptcy filing date.
240-Day Rule: You will need to pass the "240-day rule" to qualify for tax
debt relief. This means that your income tax debt has to have been assessed
by the IRS at least 240 days before you file your bankruptcy petition.
The time limit can be extended if the IRS stops collection because of
a compromise offer or another bankruptcy filing.
Tolling: These dates are subject to, and may be lengthened if you have been in
negotiation with the IRS, or any offer and compromise period. There may
be other tolling scenarios too.
Can I Discharge a Federal Tax Lien?
Unfortunately, qualifying for Chapter 7 will not wipe out your prior recorded
tax liens. This type of bankruptcy eliminates your personal obligation
to pay the debt and will keep the IRS from garnishing your bank account
or wages. However, if the IRS recorded a tax lien on your property before
you file for bankruptcy, the lien will stay on your property. This means
you will need to pay off the tax lien if you wish to sell the property,
or wait for the lien to expire.
Call a Chapter Bankruptcy Lawyer in Winter Park & Orlando (407) 501-4052
If you are considering filing for
bankruptcy, your monthly income and the types of debts you carry will determine which
Chapter is right for you. If you're worried about how your credit
will be affected, the good news is that we can explain how to start rebuilding
your credit right away. Believe it or not, with discipline and applying
a few credit rebuilding strategies, you can significantly improve your
credit score long before the bankruptcy falls off your credit!
Call (407) 501-4052 to arrange a
free consultation with a Winter Park bankruptcy lawyer!
We also serve Orlando. Flexible payment plans are available when our representation