Adam Weiner Bankruptcy Lawyer Archives - Page 2 of 3 - Law Offices of Adam M. Weiner

Discharging Income Taxes through Chapter 7 Bankruptcy

Adam Weiner Bankruptcy Attorney Portland, Adam Weiner Bankruptcy Lawyer, Debt, Income Tax

Discharging Income Taxes through Chapter 7 Bankruptcy

By Adam Weiner – Bankruptcy Lawer|2020-12-22T20:06:49-08:00April 18th, 2014|Adam Weiner Bankruptcy Attorney Portland, Adam Weiner Bankruptcy Lawyer, Debt, Income Tax|

Income tax debts CAN be “discharged” (permanently written off) if they meet certain conditions. These conditions may be quite easy to meet. To write off income taxes under either Chapter 7 or Chapter 13 takes meeting four conditions. Two of these conditions are very seldom a problem. That means that most likely you can discharge a tax debt if you meet the other two conditions. And you will likely meet these other two conditions sooner or later. It’s mostly a matter of time.

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Benefits of the New Federal Exemptions

By Adam Weiner – Bankruptcy Lawer|2020-12-22T20:06:50-08:00February 3rd, 2014|Adam Weiner Bankruptcy Attorney Portland, Adam Weiner Bankruptcy Lawyer, Assets|

As previously discussed, Oregon law now allows residents to choose between using the Oregon exemptions or the federal exemptions when filing a bankruptcy. In most situations, the federal exemptions are significantly better than the Oregon exemptions. Only if a debtor owns a house with significant equity will the Oregon exemptions be better for the debtor than the federal exemptions. If you had to pick the single federal exemption that will help the most people, it’s likely the wildcard exemption. That’s especially true for people who either don’t own their own home or don’t have any equity in their home.

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New Oregon Law Makes Filing Bankruptcy Even Simpler and Safe

By Adam Weiner – Bankruptcy Lawer|2020-12-22T20:06:50-08:00December 21st, 2013|Adam Weiner Bankruptcy Attorney Portland, Adam Weiner Bankruptcy Lawyer, Assets|

Exemptions are very important. One of the crucial considerations in bankruptcy is whether all of your assets are “exempt,” or protected by the law from your creditors. If all your assets are exempt, then you can keep everything that you own if you file a Chapter 7 “straight bankruptcy.” Whether your assets are exempt also affects how much you would pay to your creditors and how long you would do so if you file a Chapter 13 “adjustment of debts” case. This consideration can also greatly influence which of these two options are better for you.

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Foreclosure Timing in Oregon

By Adam Weiner – Bankruptcy Lawer|2020-12-22T20:06:50-08:00March 25th, 2013|Adam Weiner Bankruptcy Attorney Portland, Adam Weiner Bankruptcy Lawyer, Foreclosure, Mortgages, Real Estate|

In Oregon, banks have traditionally chosen to non-judicially foreclose on homes after a period of default on the mortgage payments (non-judicial foreclosures can be quicker and less costly than judicial foreclosures). There is no law that requires the bank to foreclose within a certain period of time. Indeed sometimes many months or years pass before the bank gets around to beginning the foreclosure process.

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Mortgages and Bankruptcy

By Adam Weiner – Bankruptcy Lawer|2020-12-22T20:06:50-08:00March 22nd, 2013|Adam Weiner Bankruptcy Attorney Portland, Adam Weiner Bankruptcy Lawyer, Mortgages, Real Estate|

When someone files a chapter 7 bankruptcy, all liabilities and assets (including the approximate quick liquidation value of the assets) are included in the bankruptcy petition. The liabilities listed include everything, including non-dischargeable debt (among other things, certain taxes are not dischargeable, student loans are generally non-dischargeable, child/spousal support is not dischargeable).

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Student Loans and Bankruptcy

By Adam Weiner – Bankruptcy Lawer|2020-12-22T20:06:51-08:00March 15th, 2013|Adam Weiner Bankruptcy Attorney Portland, Adam Weiner Bankruptcy Lawyer, Debt, Student Loans|

Student loans are a huge issue for many people. Unfortunately, under current law it is almost impossible to discharge student loans in a bankruptcy case. The general rule is that student loans are not dischargeable unless you can prove an “undue hardship.” Often courts will require that the debtor is essentially mentally and/or physically disabled and unable to earn an income before they will allow a discharge of student loans in a bankruptcy. But if a debtor is disabled, most student loan lenders have an internal procedure (non-bankruptcy) for obtaining a discharge of the student loans.

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How Much Debt Should a Debtor Have Before Filing a Bankruptcy?

By Adam Weiner – Bankruptcy Lawer|2020-12-22T20:06:51-08:00March 11th, 2013|Adam Weiner Bankruptcy Attorney Portland, Adam Weiner Bankruptcy Lawyer, Debt|

I often get the question of whether or not there is a certain amount of debt that somebody needs to have before they can file a bankruptcy. The answer is that there is no minimum amount of debt that is required to file a bankruptcy.

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Should a Debtor Ever Pay on Discharged Debt?

By Adam Weiner – Bankruptcy Lawer|2020-12-22T20:06:51-08:00March 7th, 2013|Adam Weiner Bankruptcy Attorney Portland, Adam Weiner Bankruptcy Lawyer, Debt|

This morning I received a voice mail message from a former chapter 7 client. She received her discharge in August 2012. In her voicemail, she stated that a collection agency was calling her to collect on a credit card that was part of the bankruptcy. I immediately called the collection agency and explained to them that they are violating federal law by trying to collect on a debt that was discharged in a bankruptcy.

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The Fraud Exception to Discharge

By Adam Weiner – Bankruptcy Lawer|2020-12-22T20:06:51-08:00February 20th, 2013|Adam Weiner Bankruptcy Attorney Portland, Adam Weiner Bankruptcy Lawyer, Debt|

The bankruptcy statutes are designed to give honest debtors a fresh start. They are not designed to allow individuals to discharge debts that they never intended on paying in the first place. Most debtors are honest people that have come on some challenges (loss of job, medical condition, etc.).

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Will I Lose My House If I File Bankruptcy?

By Adam Weiner – Bankruptcy Lawer|2020-12-22T20:06:52-08:00January 26th, 2013|Adam Weiner Bankruptcy Attorney Portland, Adam Weiner Bankruptcy Lawyer, Real Estate|

When someone files a bankruptcy there are different exemption amounts for different assets. The exemption amount for a residence, also known as the homestead exemption, is $40,000 for single filers and $50,000 if the debtors are married, jointly own the property, and it is a joint filing.

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