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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 15874
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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I HAVE A $28. CREDIT GRACIOUSLY EXTENDED BY THIS COMPANY AND

Customer Question

I HAVE A $28. CREDIT GRACIOUSLY EXTENDED BY THIS COMPANY AND WONDER IF IT IS ENOUGH TO ASK ABOUT BANKRUPTCY? by the way, the reason for the credit was that i didn't understand the workings and was leaving the site before getting an answer then thinking there was none. if i do anything incorrectly please let me know. thank you.
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 3 years ago.

WALLSTREETESQ :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on.

WALLSTREETESQ :

If your state income falls below the state median you would qualify for a chapter 7 bankruptcy and would be able to discharge almost all of your debts.

WALLSTREETESQ :

In terms of the $1500 paid, you can sue the provider in small claims court to obtain your fee that you paid them.

WALLSTREETESQ :

Income taxes can be discharged in a Chapter 7 bankruptcy but only if all of the following tax code rules are met:


1. The 3-Year Rule: The tax return on which the tax debt arises must have been due at least three years before you file for bankruptcy. This usually means April 15 of the year the return was due. If an extension was filed, then it means August 15 or October 15 of that year, or beyond to the actual filing date. If the 15th falls on a Saturday or Sunday, the return wasn't due until the following Monday.


and


2. The 2-Year Rule: The tax return was filed at least two years before the bankruptcy (having the IRS file a substitute for return doesn't count).


and


3. The 240-Day Rule: The taxes were assessed by the IRS at least 240 days before filing.


and


4. Lack of Fraud/Willful Evasion: There was not a fraudulent tax return or a willful attempt to evade paying taxes.


and


5. Income Taxes Only: Taxes other than income, such as payroll taxes, a 100% penalty, Trust Fund Recovery penalty, fraud penalties, or several other unusual types of taxes are by law excepted from bankruptcy discharge.

Customer:

i have been struggling with my computer for a month. it acts like i can't see and

WALLSTREETESQ :

Do you have any further questions?

Customer:

we are going to have to do this e-mail. my computer is running off 5the screen and i can only see half of what i write and 80% of what you do. this is very important to me of course and now is when it has to get worse. i am very sorry. iam i able to file this without involving my wife? she will be, of course, aware of it but will probably choose not to be a part of it. i cannot afford that luxury. it seems like the rules are tougher the longer a person tries not to let this happen!!!! i can assure you that there is no intent to defraud anyone especially as far as my taxes go. i started driving this route in a truck that got 9.5 mpg and 200 miles a day. gasoline went to $4. pg and i was more and more crippled with arthritis that prevented me from working enough to meet my bills. taxes and truck payment primarily. the truck loan is a small business loan backed by the treasury and they are into my social security check and then the taxes will be more. i am quickly getting to where i don't have enough to live on. it is always helpful to plan a retirement as far as financial preparations are concerned and i could not do that. i have struggled for 3 years and am not getting any where. again, i cannot see all of your response and only 50% of my own typing. i thank you so very much for the advice. i currently get $2755. a month from two pensions and social security. my wife works as a temp having lost her job a little over a year ago.

WALLSTREETESQ :

1. You can file without your wife

Customer:

i do need to know about the husband/ wife thing.

WALLSTREETESQ :

2. with your income and your wifes income as both will have to be included even if she does not file with you, you still qualify for a chapter 7

Customer:

thank you so very much i will get to this immediattley.

WALLSTREETESQ :

Your spouse does not need to sign, however her income will be included to determine your total household income

WALLSTREETESQ :

If you have any further questions please do not hesitate to accept.

WALLSTREETESQ :

If satisfied please press the accept button so we can receive credit.

Customer:

did this go to my e-mail also? i'll need to go there to see exactly what you wrote. you don't need to reply...i'll look and come back if i need to.

WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 15874
Experience: 14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
WALLSTREETESQ and 2 other Bankruptcy Law Specialists are ready to help you
Customer: replied 3 years ago.
i am very happy with this service. the first time i used it i idn't understand how it worked and had a negative opinion as a result. i have at times since then conversed with a lady who represents this business [perhaps ownes] and i have come to veiw it as a very positive and good thing. the experience today certainly confirms this. i feel very confident after talking with you and seeing your credentials! thanks to all of you at 'just answers'.
Expert:  WALLSTREETESQ replied 3 years ago.
Good luck, and if you have any further questions please do not hesitate to ask.

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