Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Are you asking if your payments can be returned to you if you file a Bankruptcy or if you do not file a Bankruptcy, or both?
i will file for bankruptcy.
can I have the monthly payment monies I sent to the credit card companies after the tax payment transaction dates applied specifically to these non-dischargeable transactions to reduce these specific balances that I still will owe to these credit cards after all the dischargeable transactions become null and void.
I did not know nor did I contemplate bankruptcy when I made these tax payments with my credit cards, of which I normally have done for years if I had known this I would've paid what I could have directly to the government and made payment arrangements for the balance.
The Bankruptcy trustee does have the ability to "avoid" payments to creditors that are made less than 90 days before a Bankruptcy is filed. Bankruptcy Stat. 546. ("Avoid" means take back the money already paid.)
If the trustee takes back the money paid to the credit card company(ies) made less than 90 days before the Bankruptcy is filed, that money will be used to pay creditors listed in your Bankruptcy is the order of their priority (you cannot ask that the money be used for a particular creditor).
However, taxes have a priority of 8. This means if you have no debts in the first 7 priority classes, that money would be used to pay the taxes. (The 7 categories with higher priorities are things like domestic support obligations and wages.)
If you are interested, here is the complete list:
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