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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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Im thinking about filing for Chapter 13. My home is about

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I'm thinking about filing for Chapter 13. My home is about to go up for back taxes,which is my biggest problem at this moment. I'm behind on my mortgage payments,but my mortgage company has been working with me. I have other bills I'm behind on too. I was told by filing for bankruptcy it would put a hold on the sale for taxes so something could be worked out. I don't know which way to turn...I'm at a lost. How quickly does this work? Thank you in advance.
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 2 years ago.

cfortunato :

Hi - my name is XXXXX XXXXX I'm a Bankruptcy attorney here to assist you.

cfortunato :

You may also be able to have some of those back taxes discharged if you file a Bankruptcy.

cfortunato :

For what years are the back property taxes due, and what in what month(s) were those taxes due to be paid?

Customer:

Hi Chris,


 


The tax years due is '09,'10,'11,and '12. I did have arrangements to make payments,but they were for $1100 every 3 months. I made two,I just couldn't keep the arrangement. So that caused it to forfeit the agreement. Here in my county they are due twice a year,at the moment I can't recall the months. I was told if I pay '09 and '10 right now I could stop the upsale this month(the sale is 9/27/12). I've been disabled since '86 and I got into this situation when I lost $1200 of my monthly income when I daughter graduated from high school,stop recieving child support and S.S. benefits(just telling you this information in case you were wondering what help to get me into this situation). She graduated in '05. I only owe 12 more mortgage payments. I will look to find the actual months for the taxes,but I do know you could pay at the end of each tax year at the higher amounts.

cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience: Bankruptcy professor.
cfortunato and 3 other Bankruptcy Law Specialists are ready to help you
Expert:  cfortunato replied 2 years ago.

Thank you for your response.

 

Property taxes that are more than one year old can be discharged in a Bankruptcy. The one year is measured from the last date the taxes can be paid without incurring a penalty. So you should be able to have the '09, '10, and '11 taxes discharged. Additionally, you would be able to pay the non-dischargeable '12 taxes over a period of 3-5 years - if you file a Chapter 13.

The other option would be to file a Chapter 7, which is much easier and less costly, and which would discharge the same years, but you would then have to pay the '12 taxes sooner than 3-5 years.

 

I think this is what you wanted to know. If not, please let me know.

Thank you.

cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience: Bankruptcy professor.
cfortunato and 3 other Bankruptcy Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you. Just one more thing...do I have enough to put a stop to the sale if I contact a lawyer this week?

Expert:  cfortunato replied 2 years ago.
Yes - because it takes around 2 weeks for an attorney to prepare the paperwork to file a "regular" Bankruptcy, and an "emergency" Bankruptcy can be prepared in 5 minutes. (With an emergency Bankruptcy, the first 3 pages of the 60-page petition are filed, and then the 57-page balance is filed with the following 15 days.)
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience: Bankruptcy professor.
cfortunato and 3 other Bankruptcy Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you,Thank you,Thank you!!! You have been a temendous help...I greatly appreciate this!!! I will be getting right on this tomorrow!!!

Expert:  cfortunato replied 2 years ago.
You're welcome! I am happy I was able to help you!
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience: Bankruptcy professor.
cfortunato and 3 other Bankruptcy Law Specialists are ready to help you

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