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I have to file a bankruptcy and it’s a pretty simple one I…

I have to file a...
I have to file a bankruptcy and it’s a pretty simple one I don’t own any property but I was going to file my 2016 taxes with this years return and my check is being garnished for an accident I got into 7 yrs ago. I need help on what I need to do first
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Answered in 2 minutes by:
1/13/2018
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 48,242
Experience: 30 years in civil, probate, real estate, elder law
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Customer reply replied 6 months ago
Ok
Customer reply replied 6 months ago
No I can’t afford more charges. I just need to know if I should file my 2016 tax ur now and then file bankruptcy . I need to stop garnishment I’m single mom

Forms for Chapter 7

http://www.azb.uscourts.gov/court-forms

Here’s a list of the forms most people need when they file for Chapter 7 bankruptcy. Some of these, however, may not apply to your case. For example, if you are not requested a filing fee waiver, you won’t need to fill out Form B 3BA Application for Waiver of Chapter 7 Filing Fee.

B 101 Voluntary Petition for Individuals Filing for Bankruptcy

B 101A Initial Statement About an Eviction Judgment Against You (only if you have eviction judgment against you)

B 101B Statement About Payment of an Eviction Judgment Against You (only if you have eviction judgment against you)

    B 103A Application for Individuals to Pay the Filing Fee in Installments

    B 103B Application to Have Chapter 7 Filing Fee Waived

    B 106 Summary of Your Assets and Liabilities and Certain Statistical Information

    B 106A/B Schedule A/B: Property

    B 106C Schedule C: The Property You Claim as Exempt

    B 106D Schedule D: Creditors Who Hold Claims Secured by Property

    B 106E/F Schedule E/F: Creditors Who Have Unsecured Claims

    B 106G Schedule G:Executory Contracts and Unexpired Leases

    B 106H Schedule H: Your Codebtors

    B 106I Schedule I: Your Income

    B 106J Schedule J: Your Expenses

    B 106J-2 Schedule J-2: Expenses for Separate Household of Debtor 2

    B 107 Your Statement of Financial Affairs for individuals Filing Bankruptcy

    B 108 Statement of Intention for Individuals Filing Under Chapter 7

    B 121 Your Statement About Your Social Security Numbers

    B 122A-1 Chapter 7 Statement of Current Monthly Income

    B 122A-1 Supp Statement of Exemption from Presumption of Abuse (only if you qualify for an exception to the means test)

    B 122A-2 Chapter 7 Means Test Calculation (only if your income is above the state median income)

    I appreciate the chance to help you tonight.Thanks again and thanks for rating 5 stars.

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    Effective December 1, 2016, the total fees you must pay to file a bankruptcy petition are: $335 for Chapter 7.

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    Customer reply replied 6 months ago
    What form for a lein against me

    You file all of these forms and pay the $335 to the Bankruptcy Clerk where you are located.

    Reference

    n Chapter 7 bankruptcy, the bankruptcy trustee cancels many (or all) of your debts. At the same time the trustee might also sell (liquidate) some of your property to repay your creditors. Chapter 7 bankruptcy, also called "straight" or "liquidation" bankruptcy, is so named because the law is contained in Chapter 7 of the federal Bankruptcy Code. Here's an outline of Chapter 7 bankruptcy -- who can file, the forms you'll need, how the process works, and what happens to your property and debts.

    How to File for Chapter 7 Bankruptcy

    The New Bankruptcy

    Chapter 7 Bankruptcy Costs in Time and Money

    The whole Chapter 7 bankruptcy process takes about four to six months

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    Once you file the garnishment must stop once creditor is notified.

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    Customer reply replied 6 months ago
    What about my 2016 taxes

    If you file now an have not filed taxes it should stop the garnishment.

    More

    Arizona Bankruptcy Law: What exemptions can I claim?

    Exemption laws have been enacted by every state as well as the federal government to protect the property of debtors against the claims of judgment creditors and, once a bankruptcy case is filed, the trustee. One of the primary ways that bankruptcy laws differ by state is in the extent of available exemptions. Property that is exempt in one state may not be exempt in another state. In Arizona, debtors must use the state exemptions. It’s considered an “opt out” state, and therefore, the federal exemptions are not available.

    As a practical matter, Arizona exemption laws are fairly generous. Below are some of the most popular ones.

    Arizona Bankruptcy Exemptions

    The top 5 exemptions under Arizona state law.

    Type of exemptionArizona law

    Type of exemption

    Arizona law

    Homestead$150,000

    Personal property$6,000 in household furnishings; double if married.

    Vehicle$6,000; $12,000 if the debtor is disabled

    WagesUp to 75% in disposable income

    Pension/retirementExempt, with some limitations

    Homestead

    Arizona debtors can protect up to $150,000 of home equity through the bankruptcy process. Married couples filing jointly cannot double the Arizona homestead exemption. It is also important to keep in mind that homestead exemptions apply to your primary residence, not investment property. You cannot use the homestead exemption to shield real estate that you do not currently occupy from the bankruptcy trustee. A.R.S. § 33-1101.

    Vehicle

    In addition to the protection afforded to homestead property in Arizona, Debtors can exempt one car with $6,000 of equity or $12,000 of equity if the debtor is currently disabled. A.R.S. § 33-1125(8).

    Personal Property

    Arizona bankruptcy exemptions allow debtors to protect property beyond just their homes and cars. Debtors can exempt $6,000 of value in household furnishings and goods or $12,000 if a married couple filed a joint case. A.R.S. § 33-1123.

    Other notable exemptions, which can also be doubled if filing jointly, include:

    • All food, fuel, and provisions for the debtor and his or her family to last up to 6 months. A.R.S. § 33-1124.
    • All wearing apparel up to $500 in value. A.R.S. § 33-1125(1).
    • All musical instruments not to exceed $400 in value. A.R.S. § 33-1125(2).
    • Domestic pets, horses, milk cows, and poultry with a fair market value not to exceed $500 in value. A.R.S. § 33-1125(3).
    • All engagement and wedding rings with a fair market value not to exceed $2,000. A.R.S. § 33-1125(4).
    • $5,000 in tools of the trade (does not include vehicle). A.R.S. § 33-1130(1).

    Wages

    Up to 75% of all disposable earnings are exempt. A.R.S. § 33-1131(B).

    Retirement/Pensions

    IRAs, in addition to public pensions and retirement payments, are exempt. Social Security payments also are exempt.

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    You can file Chapter 7 before the 2017 taxes are due and stop this.

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    Customer reply replied 6 months ago
    I have a car note Can I keep it it’s on time

    Yes you can keep one car, you reaffirm the mote to keep it.

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    Customer reply replied 6 months ago
    Thank you for all your info. The garnishment was the amount my insurance co did not pay on car loan . There was 5000 left and the loan was for 11000 the garnishment : 13000
    Customer reply replied 6 months ago
    I never was served
    Customer reply replied 6 months ago
    I wish I had you in my back pocket. Lol thank you

    Somehow they served you here, they could have published it and you didn't see it.Chapter 7 at this point is the best you are going to do, too late ot attack the judgment.Start fresh.

    Ask Your Own Legal Question

    Thanks for the chance to help and thanks for rating 5 stars.

    Ray
    Ray, Lawyer
    Category: Legal
    Satisfied Customers: 48,242
    Experience: 30 years in civil, probate, real estate, elder law
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    Ray and 87 other Legal Specialists are ready to help you
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    Customer reply replied 6 months ago
    I would give you 10 stars
    Was this answer helpful?

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