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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 15695
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 two part question. First if a credit card gets a

Resolved Question:

I have a two part question.
First if a credit card gets a judgement against me before I file for bankruptcy, can I still include that debt in the bankruptcy?
Second
If that same credit card has a writ of garnishment, can they apply that to a business account where I am a signer? The business has its own EIN # XXXXX the bank will have my social security # XXXXX as a signor on the account.
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 1 year 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 :

Any debt or judgment before the filling of a bankruptcy can be discharged, except student loans, divorce judgments and some taxes

WALLSTREETESQ :

The creditor cannot go after the business, even if you are a guarantor,

WALLSTREETESQ :

the judgment is only against your name, not the corporation or business name,

WALLSTREETESQ :

they are treated as separate entities,

Customer:

Thank you so much. When you said some taxes could not be discharged...what taxes would those be?

Expert:  WALLSTREETESQ replied 1 year ago.
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Expert:  WALLSTREETESQ replied 1 year ago.
recent taxes cannot be discharged, taxes from 3 years ago could be.
Expert:  WALLSTREETESQ replied 1 year ago.
Let me clarify the rules as per the law:


You can discharge (wipe out) debts for federal income taxes in Chapter 7 bankruptcy only if all of the following conditions are true:
The taxes are income taxes. Taxes other than income, such as payroll taxes or fraud penalties, can never be eliminated in bankruptcy.
You did not commit fraud or willful evasion. If you filed a fraudulent tax return or otherwise willfully attempted to evade paying taxes, such as using a false Social Security number on your tax return, bankruptcy can't help.
The debt is at least three years old. To eliminate a tax debt, the tax return must have been originally due at least three years before you filed for bankruptcy.
You filed a tax return. You must have filed a tax return for the debt you wish to discharge at least two years before filing for bankruptcy.
You pass the "240-day rule." The income tax debt must have been assessed by the IRS at least 240 days before you file your bankruptcy petition, or must not have been assessed yet. (This time limit may be extended if the IRS suspended collection activity because of an offer in compromise or a previous bankruptcy filing.)

http://www.nolo.com/legal-encyclopedia/bankruptcy-tax-debts-eliminating-29550.html
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 15695
Experience: 14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
WALLSTREETESQ and other Bankruptcy Law Specialists are ready to help you

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