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Texas Atty
Texas Atty, Attorney
Category: Bankruptcy Law
Satisfied Customers: 33935
Experience:  JD
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Customer Question

I am a single mother and I need to file two years of taxes and a chapter 7 bankruptcy asap. Is there any way to do these things concurrently? I don't know how to proceed, because I do not have $2500+ to file the bankruptcy (business and personal). There have been garnishment cases filed and won against me. This is all stemming from debt during my marriage. Stuck between a rock and a hard place. Please help.
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  Texas Atty replied 4 years ago.
Would you mind rephrasing?

I'm not sure what one thing has to do with the other.
Customer: replied 4 years ago.

I am hoping that I will be able to pay a bankruptcy attorney with a tax return, but afraid of how much may come out for garnishments etc. I'm just unsure how to proceed. I have to get this all done soon.

Expert:  Texas Atty replied 4 years ago.
You can file your tax return before, during, or after a bankruptcy. If monies are owed to you in a refund then it is likely the bankruptcy court will require them to be paid to it rather than to you.

Have you met with a bankruptcy attorney yet? What kind of bankruptcy are you considering, a 7 or 13?
Customer: replied 4 years ago.

I have met with attorneys. All have said $3500 up front. My ex left me about $350k in debt and foreclosed two homes on me post divorce (kept rent and let them foreclose). I have to do chapter 7 because of the amount of debt. I had no idea my ex was putting debt in my name, and he ran up many of my business and personal credit cards.

Expert:  Texas Atty replied 4 years ago.
That is certainly unfortunate. I don't know of any lawyers who does this kind of work for free, although you may want to check with Legal Aid in your area. Most pro bono work is done on criminal or divorce cases.

Some will let you pay it out through the bankruptcy, although not if you are filing a Chapter 7, since their debt would be erased along with others.

You could certainly file yourself, although it is difficult. I think you can get the forms and instructions at this site

As to what you said earlier about garnishments, they can't garnish an income tax refund except for things like student loans or government debts. A regular creditor can't touch the refund.

Please ask any follow up questions in this thread.