Archive for month: August, 2023

Bankruptcy can provide a financial lifeline to people who are struggling to repay their debt obligations. In Chapter 7 bankruptcy, which is the most common form of bankruptcy filed in the U.S., you can have most of your unsecured debts discharged while still retaining certain assets.

After going through various tests and determinations as to whether you qualify for Chapter 7 bankruptcy, for instance, a court may be able to discharge credit card, personal loan and medical debt, while allowing you to still keep your home and vehicles.

Of course, there is a cost associated with filing for bankruptcy. In this article, we’ll discuss different aspects of bankruptcy and its effects.

Bankruptcy and Your Credit Score

Bankruptcy represents a tradeoff. It provides relief by eliminating debt obligations or reducing unmanageable debts, but it also signals to lenders that you pose a credit risk, dropping your credit score. This decline or bad credit can make it challenging to obtain loans, credit cards and mortgages in the immediate future.

Bankruptcy can significantly impact credit scores, but the exact effects can vary depending on several factors. While it is generally true that bankruptcy affects higher credit scores more than lower ones, it’s important to note that the impact can still be substantial regardless of the initial credit score.

Effects of Bankruptcy on Your Credit Score

Bankruptcy typically leads to the lowest credit rating, R9, which indicates a significant credit risk.

Filing for bankruptcy can profoundly impact various financial aspects of your life. Once businesses and lenders review your new credit report with its negative information, several areas can be significantly affected:

• Getting a car loan may become more challenging as lenders view you as a higher credit risk, resulting in stricter loan terms or potentially even denial of credit.
• Purchasing a house or renting an apartment may become more complex as landlords and mortgage lenders may hesitate to approve applications due to the negative impact of filing bankruptcy on your creditworthiness.
• If you are approved for financing, you may face higher interest rates due to the increased risk associated with your credit history.
• Unsecured credit cards may come with low credit limits initially, making it harder to access higher lines of credit until you can demonstrate improved creditworthiness.
• Your student loan repayment schedules may be affected, potentially leading to changes in terms or repayment options.
• Penalties for late payments may be more severe, and it is crucial to make payments on time to avoid further damage to your credit.
• Credit utilization, especially for non-essential purchases, may be limited as lenders may be cautious about extending additional credit to you.
• Large cash deposits may raise concerns as lenders may question the source of the funds or cash deposit, given the bankruptcy filing on your credit report.
• Obtaining loans without a qualified co-signer may be challenging, as lenders may require additional security or guarantees due to the federal bankruptcy code.
• Authorizing users to certain credit cards may be restricted, as lenders may be cautious about extending credit access to bankruptcy-associated individuals.
• Security deposits or returns of security deposit safety deposits for utilities or rental properties may be affected, as landlords and service providers may consider bankruptcy when assessing potential risks.

Your Credit Score After Bankruptcy

Bankruptcy is considered a major adverse event in credit scoring models, and as a result, it can significantly impact your credit score. The decline in your credit score reflects the increased risk of lending to an individual who has filed for bankruptcy.

However, bankruptcy filings do not solely determine credit scores. They consider various factors, including payment history, credit utilization, length of credit history and recent credit inquiries.

Bankruptcy filings are indeed included in the public records section of credit reports. Credit bureaus actively gather or receive information from courts to ensure that credit reports remain current and accurate.

This information is then used to update the public records section, which contains details about bankruptcy filings, including the type of bankruptcy, filing date and bankruptcy case number. As public records, this bankruptcy information is accessible to anyone who pulls your credit report and helps provide a comprehensive overview of your financial history.

When you file for bankruptcy, it will typically appear in two sections of your credit report: the legal or public record section and the personal loan individual account section.

Generally, a bankruptcy filing can remain on your credit report for a certain period. Under Chapter 7 bankruptcy, it typically stays on your credit report for 10 years from the filing date. Chapter 13 bankruptcy, which involves a repayment plan, usually remains on your credit report for seven years from the payment plan or the filing date.

FICO Scores

Creditworthiness is assessed using FICO scores, a numeric scale ranging from 300 to 850. A higher score indicates stronger creditworthiness and better credit terms. Credit bureaus receive information from credit issuers and lenders, which calculates your credit score based on factors such as payment history, credit utilization, length and recent inquiries. These factors help determine your creditworthiness and generate your FICO score.

Rebuilding Your Creditworthiness: Steps to Improve Your Credit After Bankruptcy

While bankruptcy can substantially impact poor credit, responsible credit behavior and timely payments in the future can contribute to the gradual rebuilding of your credit score over time.

Consulting with a bankruptcy lawyer can be beneficial if you still need to determine how to proceed with your financial situation after considering bankruptcy. They can guide and help you develop a strategy tailored to your circumstances.

Rebuilding your credit after bankruptcy requires a disciplined approach. Call one of our bankruptcy attorneys if you need help visualizing a debt-free future.

Monitor Your Credit Scores

• Check your credit score and reports frequently: Stay updated on your credit score by accessing it through reputable sources. Review your credit reports from all three major credit bureaus—Experian, Equifax, and TransUnion—to get a comprehensive overview of your credit history.
• Review your credit reports for accuracy: After going through bankruptcy, carefully examine your credit reports to ensure that all discharged accounts are accurately reflected with a zero balance and the proper indication of a bankruptcy discharge. Verify that each listed account belongs to you, and confirm that payment statuses and dates are correct.
• Follow up on disputes: After filing a dispute, follow up with the credit bureaus to ensure that your concerns are being addressed. They have a specific timeframe to investigate and respond to your dispute.

Make Payments Your Priority

• Focus on your payment history: Payment history is significant in determining your credit score, accounting for 35% of your FICO credit score. Consistently making payments on time will positively impact your creditworthiness.
• Repay outstanding debts promptly: If you have any outstanding debts, work towards repaying them on time. This can help improve your credit score and demonstrate your commitment to managing your financial obligations responsibly.
• Prioritize court-ordered payments (for Chapter 13): If you filed for Chapter 13 bankruptcy, make all court-ordered payments to creditors on time. Adhering to the repayment plan you file bankruptcy on is crucial for completing the bankruptcy process and rebuilding your credit.

Stick to a Budget

• Create a budget: Develop a comprehensive budget that outlines your income and expenses. Consider essential expenses, such as housing, utilities, transportation, and groceries, while also considering discretionary spending categories.
• Stick to your budget: Discipline yourself to adhere to the budget you’ve created. Avoid overspending and make conscious choices about your purchases. Prioritize needs over wants and avoid unnecessary expenses that could lead to debt accumulation.
• Plan a spending strategy: As your credit score improves over time, developing good credit habits and a thoughtful spending strategy is crucial. Consider your financial goals and prioritize your spending accordingly. Make informed decisions when using credit and maintain a responsible approach to managing your finances.

Try Secured Credit Cards

• Building a positive credit history: As you use a secured credit card, you must keep your balance low about your credit limit and make timely payments every month. Responsible credit card usage and on-time payments contribute to building positive credit history, improving your credit score.
• Interest-free if paid in full: You can avoid paying any interest charges by using your credit responsibly and paying your balance in full each month. This allows you to rebuild your credit without incurring additional costs.
• Start with one secured credit card: In the early stages of post-bankruptcy, one secured credit card is typically sufficient. Focus on using the secured card more responsibly and making timely payments. This disciplined approach to monthly payments helps rebuild your credit score and fosters better spending habits.

Bankruptcy and Tax Debt

Within the realm of bankruptcy, taxes are generally classified as “nondischargeable priority debt.” It indicates that bankruptcy cannot eliminate tax debts, and the repayment of such obligations is prioritized over the claims of other creditors.

Nevertheless, there are situations where taxes can be categorized as “dischargeable debt,” meaning they can be eliminated by filing for bankruptcy.

When You Can Discharge Tax Debt

For tax debt to be considered dischargeable, it must meet specific criteria.

First, it should pertain to income taxes, encompassing outstanding federal and state income tax obligations. However, it does not contain other back taxes, such as past-due payroll taxes related to Social Security and Medicare withholding.

Second, the tax debt must be of a different origin, typically within three years. The original tax return should have been due at least three years before the date of filing for bankruptcy.

For tax debt to be eligible for discharge in bankruptcy, it is necessary to have filed a valid tax return and for that tax return to have been assessed by the IRS at least Three (3) years before initiating the bankruptcy filing. Furthermore, the tax return must have been submitted within the prescribed deadline.

If an extension in filing taxes was requested and granted, filing the return by the extended due date is considered “on time.” However, suppose the return was filed after the extended deadline.

In that case, it might be deemed invalid, resulting in the tax debt being ineligible for discharge since the assessment date will have been extended through the extension obtained.

Apart from the regulations concerning the debt age and the tax return timing, there is an additional prerequisite for tax debt to be considered eligible for discharge.

Specifically, the Internal Revenue Service (IRS) must have officially assessed the debt, meaning it has been recorded on the agency’s books at least three years before the initiation of the bankruptcy filing.

This requirement can also be fulfilled if the IRS still needs to assess the debt at the time of the bankruptcy filing.

One crucial factor to consider is ensuring that the taxing authority, typically the IRS, has not placed a tax lien on your assets. If a tax lien has been filed, a bankruptcy filing will not remove or lift the lien.

This scenario represents one of the most prevalent obstacles in seeking tax relief through bankruptcy, thus demanding special attention and careful consideration.

Bankruptcy cannot protect you if you have engaged in tax evasion or submitted a fraudulent tax return. The rules stipulate that tax returns must have been filed honestly to be considered for discharge in bankruptcy.

Moreover, various court jurisdictions may have additional criteria for eliminating tax debt through bankruptcy courts. While we have covered the primary conditions, you must familiarize yourself with local rules that may impose further requirements.

Federal Tax Liens and Bankruptcy

Distinctions exist between a tax debt and a tax lien. Tax debt refers to the money owed to the taxing authorities, while a tax lien is a legal encumbrance placed on your property to enforce the tax liability. This lien can encompass all your financial assets, including bank accounts, personal belongings and real estate.

You Can’t Discharge Federal Tax Lien

Bankruptcy does not discharge a tax lien. Even if bankruptcy successfully discharges your tax debt, the IRS or other taxing authority will still maintain a legal claim to your property due to the existence of the tax lien.

Upon filing for bankruptcy, the IRS is prohibited from pursuing collection efforts on a tax debt that has been discharged. This holds even if a tax lien has been established.

As a result, the IRS cannot access your bank account or initiate wage garnishment to collect the discharged tax debt.

You can also continue residing in a home with a tax lien attached. However, it is essential to remember that when you eventually sell the house, the proceeds from the sale will need to be used to satisfy the outstanding tax lien. At that point, the tax lien must be paid off using the profits generated from the sale transaction.

Optimal Bankruptcy Options for Resolving Tax Debt

Tax debt has the potential to be discharged through various options provided by the federal bankruptcy code. Individuals can seek protection and relief by filing for bankruptcy under different chapters, including Chapter 7 and Chapter 13.

Chapter 12 is specifically designed for family farms and fishing operations, while Chapter 11 primarily addresses businesses and more significant debts.

These different bankruptcy chapters offer individuals and entities a range of options to address their tax debt and seek the necessary relief.

Addressing Tax Debt through Chapter 7 Bankruptcy

In a Chapter 7 bankruptcy filing, the debtor’s nonexempt assets will be subject to sale/liquidation by the Chapter 7 Trustee, with the proceeds distributed among the creditors. If limited or no assets are available to satisfy the creditors, eligible debts are discharged through Chapter 7, resulting in creditors receiving no payment.

According to the IRS, tax debts can be eliminated through Chapter 7 if they meet specific criteria, including being at least three years old and the taxpayer having filed returns for the past four tax periods.

Resolving Tax Debt with Chapter 13 Bankruptcy

According to the IRS, Chapter 13 bankruptcy is the predominant form of individual bankruptcy used to address tax debt.

Chapter 13, known as reorganization bankruptcy, involves creating a structured repayment plan with creditors to settle outstanding debts over three to five years gradually.

In contrast, Chapter 7 bankruptcy eliminates a significant portion of debts, rendering them no longer required to pay creditors or to be repaid.

Under a successful Chapter 13 filing, tax debts are paid off through the reorganization plan, and tax debts over three years old at the time of filing can be discharged.

The taxpayer must fulfill certain obligations during the repayment period, including filing tax returns promptly and promptly using tax refunds and paying any newly incurred income taxes.

In specific circumstances, a Chapter 13 filing may also result in the discharge of interest and penalties associated with the tax debt. Furthermore, interest on discharged tax debts will be erased, while penalties can be discharged if they exceed a three-year threshold.

Income Tax Debt and Bankruptcy

Individuals often face various types of debts owed to the IRS, with unpaid income taxes being the most prevalent form.

The presence of looming unpaid tax debt can induce considerable stress, compounded by the fact that the IRS is known for its assertive efforts to collect such debts. As a prominent public entity, the IRS is the most significant debt collector worldwide, equipped with tools and capabilities that private debt collectors can only aspire to possess.

In Chapter 7 or 13 bankruptcy filings, income tax debt (subject to certain limitations) is the only type of tax debt that can be discharged. However, Chapter 13 offers the option to repay tax debts throughout previous bankruptcy filing through a structured repayment plan, typically spanning three to five years.

Does Bankruptcy Clear Tax Debts?

Achieving debt relief through bankruptcy requires careful consideration of timing and strategic planning, notably when eliminating tax debt. One crucial aspect of a successful bankruptcy filing is waiting until the tax debt has surpassed the three-year mark before seeking assistance from a bankruptcy court.

Gaining insights into your tax and debt repayment timeline is crucial, and to accomplish this, it is advisable to request transcripts of your tax account from the IRS. These transcripts will provide essential dates that will help determine whether it is appropriate to pursue bankruptcy to address your tax debt.

In cases where a tax lien complicates the process of eliminating tax debt through bankruptcy, it is essential to confirm the validity of the lien. Valid liens must accurately identify the taxpayer, specify the tax year for which the debt is owed, and include the correct assessed amount, among other pertinent details. Additionally, the taxing authority must have filed the lien in the appropriate office, which may vary depending on the state.

If a lien is found to be faulty or invalid, it will not impede the bankruptcy process. Reach out to a bankruptcy attorney for advice and understanding how to deal with liens.

If Chapter 7 bankruptcy is not a feasible strategy for eliminating tax debt, Chapter 13 may still provide a viable alternative. Under Chapter 13, debtors must make regular payments for three to five years, but it offers opportunities for discharging certain debts, including tax debt.

If bankruptcy turns out to be a bad option, then it is prudent to seek the advice of counsel that seeks a settlement directly with the IRS or the state taxing authority through an offer-in-compromise.  This option cannot be sought in bankruptcy. Still, it can provide a reasonable solution allowing you to reduce the overall tax liability while offering you a suitable payment plan and timeline to repay the settled balance.

Understanding Bankruptcy and Utility Bills

Just like other outstanding debts that you may have, overdue utility bills can be discharged through Chapter 7 bankruptcy. That’s because most unsecured debts can be completely wiped out through this bankruptcy process.

Handling Utility Bills in Chapter 7 Bankruptcy

Under Chapter 7 bankruptcy laws, utility bills are clumped under the unsecured debt umbrella. This puts them in the same category as credit cards and personal loans. As such, they can be discharged through the process of bankruptcy.

Chapter 7 Impact on Utility Bills

While Chapter 7 bankruptcy is proceeding, you will still incur normal charges on your utility bills. Those bills can also be discharged if they are incurred before the bankruptcy closes.

Outcome of Overdue Utility Bills Post-Bankruptcy

The bankruptcy process will discharge overdue utility bills that you have incurred and included in the filing. Once the bankruptcy process is over, though, you must resume your payments of utilities. Bankruptcy doesn’t do anything to discharge future payments. 

Immediate Effects of Bankruptcy Filing

There are federal protections in place for people who file Chapter 7 bankruptcy. Utility companies are not able to change, refuse or disconnect service once you’ve filed bankruptcy. They also can’t refuse to provide you services or shut you off just because you filed for bankruptcy.

You may need to file an emergency petition to ensure that your utility services remain connected as you file bankruptcy, though. This will allow you to start the petition process so utility shut-offs can be prevented, and then proceed with filing the remainder of the necessary documents at a later time.

Bankruptcy’s 20-Day Utility Shut-Off Protection

After the bankruptcy filing has been completed, you will have 20 days to make a security deposit with your utility company. If that deposit isn’t paid within that time, then the utility company can shut off your service. In many cases, though, the utility company could extend that deadline.

Post-Bankruptcy Utility Service Continuation

Once the bankruptcy process has ended, the utility company will use your security deposit to open a new account for you. You will then pay under this new account and will have to abide by all the rules for paying to avoid having your service shut off.

Deadline for Utility Disconnection After Bankruptcy

Once bankruptcy has ended, your relationship with utility companies will revert to how it was before. You will pay for your service on a monthly or quarterly basis — depending on the company — and will need to do so to avoid your service being cut off.

Navigating Post-Filing Requirements

Filing bankruptcy doesn’t fully protect you from utility bills, in and of itself. There are some other steps you must take to ensure that your services aren’t shut off.

How to Pay Past Due Utility Bills in Bankruptcy

Past due utility bills can get discharged through bankruptcy, but only if you listed them as debits in the bankruptcy schedules. By doing so, you’ll be ensuring that the court notifies the utility company that you’ve filed bankruptcy, which ensures your services aren’t shut off. 

Ensuring Utility Payment in Bankruptcy

In bankruptcy, you will still have to pay for any current or future utility bills you incur. Bankruptcy can only discharge any previous past due bills you have. 

As mentioned before, you will have 20 days from filing to prove to the utility company that you can pay future bills, by providing them with “adequate assurance.” If you don’t provide this, then the utility company could disconnect your service, even if all your past due payments are discharged by bankruptcy.

Handling Inadequate Assurance for Utilities

When you provide documents to the utility company, it’s still possible they may not believe that your assurance is adequate enough. If you can’t come to an agreement on this with the utility company, you can file to ask the bankruptcy judge to force the utility company to accept the payment assurance you provided.

It’s possible for the judge to order that the deposit amount be modified as a result of findings.

How to Pay Future Utility Bills in Bankruptcy

All future utility bills must be paid as normal during and after bankruptcy. That’s because bankruptcy can only discharge past overdue bills.

Legal Representation and Bankruptcy

If you are considering filing bankruptcy, it’s essential that you hire an experienced law firm to help guide you through the process. Trying to navigate bankruptcy on your own is generally not a good idea, as you may not be overlooking some aspects of the process that would work to your disadvantage.

Advantages of a Bankruptcy Lawyer

One of the biggest advantages a bankruptcy lawyer can provide is defending your petition. While you will gain protection from debt collectors and creditors by filing bankruptcy, they can challenge your petition or the payment plan you have proposed. 

Bankruptcy attorneys can also bring you peace of mind as you go through what can be a complicated process. Most people who aren’t educated on how bankruptcy works could easily become confused and may miss important deadlines or steps.

Importance of Legal Assistance in Bankruptcy

Having an experienced attorney on your side, like the ones at Babi Legal, is essential when you file bankruptcy. Having legal assistance is so important as there are many intricacies of the bankruptcy system that would be tough for the everyday person to understand.

An experienced bankruptcy lawyer can help you file all the appropriate paperwork on time, and help you minimize mistakes, which could be extremely costly.

For more information, contact us today.