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10 years 3 months ago

Failure To File Taxes Leads To Bankruptcy Dismissal If you have a legal obligation to file federal income taxes, then doing so is a requirement in order to have a successful chapter 13 bankruptcy case. Recently, a case was dismissed for failure to turn over the most recent four years of federal tax returns. The+ Read More
The post Failure To File Taxes Leads To Bankruptcy Dismissal appeared first on David M. Siegel.


10 years 3 months ago

I am officially annoyed this afternoon. Trying to run my client’s household income numbers through the Means Test and seeing him fail due to the cumulative amount of both his household income and military disability. I am annoyed because if he were receiving plain old social security disability, he would pass the means test with flying colors and we would be filing a chapter 7 bankruptcy for him tomorrow afternoon in the Portland, Oregon Bankruptcy Court. Why count one and not the other? Shouldn’t the vets do better than the civilians? Of course I have known about this rule since it was enacted ten years ago, but it still annoys me.
 
The original post is titled The Bankruptcy Means Test and VA Disability , and it came from Portland Bankruptcy Attorney | Northwest Debt Relief .


10 years 3 months ago

Consumer Financial Protection BureauConsumer Financial Protection Bureau (CFPB)  filed its lawsuit in August 2013, against debt-relief services company Morgan Drexen. The CFPB alleges, among other things, that  Morgan Drexen deceived consumers into paying unlawful up-front fees for debt relief services by disguising them as fees related to “sham” bankruptcy services. According to an article by Joanna M. Zdanys and Jessica Kaufman of the lawfirm Morrison & Foerster LLP “(t)he CFPB claimed that the defendant’s practices violated the Telemarketing Sales Rule (TSR), 16 C.F.R. § 310, and the Consumer Financial Protection Act (CFPA).
 
The action offered its share of drama even during motion practice, when the defendant was one of those that took up the sword against the Bureau on constitutionality grounds. It lost that motion last month but managed first to get the Court to hold that CFPB officials could be subjected to depositions. Trial was set to begin on February 10, 2015, but instead the court held an evidentiary hearing that day in connection with the CFPB’s motion for sanctions against the defendant for fabricating and destroying evidence.Fraud triangle
At the hearing, CFPB attorney Gabriel D. O’Malley alleged that the defendant created or altered relevant bankruptcy petitions in June or July of 2014, after the CFPB had served its discovery requests on the defendant. The CFPB claims that the defendant’s former Chief Operating Officer tipped off the CFPB just last month that the defendant had altered dates on existing documents or fabricated bankruptcy petitions entirely. The defendant flatly denies these allegations and paints the former COO as a disgruntled ex-employee with a vendetta against the company. The court has not yet ruled on the CFPB’s motion.”

The post CFPB vs Morgan Drexen – fraudulent debt “relief” assistance appeared first on Diane L. Drain - Phoenix Bankruptcy & Foreclosure Attorney.


10 years 3 months ago

Looking for a bankruptcy lawyer near Falls Church VA? If you are looking for a bankruptcy lawyer, you want to make the right choice. Hi.  I’m Northern VA bankruptcy lawyer Robert Weed. I first opened my Falls Church bankruptcy lawyer office in 1993. I now have four convenient bankruptcy lawyer offices across Northern VA.  Today, […]The post Falls Church Bankruptcy Lawyer Information by Robert Weed appeared first on Robert Weed.


10 years 3 months ago

The economic hardships of recent years combined with the burst of the “housing bubble” caused many Michigan families to get behind on their mortgage and/or property taxes.  Although things may be improving now for some families and individuals, many homeowners are still trying to dig out the financial mess.  This includes dealing with past due […]
The post Property Tax Forfeiture and Foreclosure Timelines for Michigan – Time is Running Out! appeared first on Acclaim Legal Services, PLLC.


10 years 3 months ago

Credit Card Balances Reach Highest Levels Since 2008, TransUnion Reports
According to an article in ACC International (an Association of Credit and Collection Professionals) “On the heels of a strong holiday shopping season, our data show that consumers are charging more of their purchases, a positive sign for the credit card industry,” said Nidhi Verma, director of research and consulting in TransUnion’s financial services business unit. “With a stabilized delinquency environment reflected by essentially the same delinquency rate as in Q4 2013, credit card balance growth generally reflects a healthy market with more consumers gaining access to credit—and using that credit to make purchases.”
What does this quote above really mean?  It means that more people are charging their purchases rather than paying out right.  This may be a “positive sign for the credit card industry”, but it is troubling sign for the consumer.   Of course new debt is great for the credit card industry, but what does it really mean for the consumer?
man with credit card and eyes closedCouple that with “(n)ew entrants into the credit card market also impacted total balances. The number of consumers with access to credit grew to 157 million in the fourth quarter of last year, an increase of nearly 7 million from the fourth quarter of 2013. However, the average credit card balance per consumer remained flat, declining only $3 from $5,330 in the fourth quarter of 2013 to $5,327 in the fourth quarter of 2014.”
What is disturbing about this last paragraph?  Two things.  First, the use of credit is growing, most likely by the young who do not know how to handle credit.  Second, the average of every credit card is approximately $5,330.   Since more consumers have at least 2 cards, that means they are carrying approximately $10,660 of debt.  This amount would be almost impossible for most consumers to pay in the next six months.
Riskiness of U.S. home loans continued to rise in Q4
According to an article in Scotsman’s Guide (publication for mortgage originators) “U.S. loans got riskier at the end of last year as the federal government encouraged looser credit and nonbanks continued their rise in mortgage lending, according to American Enterprise Institute’s (AEI’s) International Center on Housing Risk.
Monopoly money and houseAEI’s National Mortgage Index increased to 11.97 percent in January, up 0.4 percent for the quarter and 0.8 percent from a year ago. Meanwhile, the index that tracks Federal Housing Administration-backed loans jumped to 24.41 percent, up 1.5 percent year over year. This means that AEI estimates that nearly 12 percent of all loans that it tracks and nearly a quarter of FHA-backed loans would fail in a severe recession similar to the financial crisis of 2007-2008. (emphasis added)

Stephen Oliner, the center’s co-director, said in a morning briefing on Monday that credit remains loose.
“We continue to find that the QM [Qualified Mortgage] regulation has not been reducing the volume of loans of high-debt-to-income ratio,” Oliner said. “Over the past three months, nearly a quarter of loans had a debt-to-income ratio above the nominal QM limit of 43 percent, which is a few percentages above the share of new loans in the half year before the QM regulation went into play.””
The post Two Disturbing Articles – Credit Card Debt Up & Risky Home Loans Up appeared first on Diane L. Drain - Phoenix Bankruptcy & Foreclosure Attorney.


10 years 1 month ago

When you know what information you need beforehand, Federal and Wisconsin tax return filing becomes a lot easier. Use this handy list to help you prepare for Federal and Wisconsin income tax return filing.
1. If you are filing your income taxes in person with a CPA or another business, such as H&R Block, be sure to bring photo identification, such as your Driver’s License and Social Security cards for all adults.
2. You will need to know the date of birth and social security numbers for everyone in your household. This includes your spouse, children, and any other person living with you for whom you provided care during the tax year.
3. Current address and relationship to you of all individuals you provided care to during the tax year.
4. W-2s from every job held during the tax year for all individuals in your household.
5. Any 1099s received by any person in your household. Common 1099s indicate interest earned, refunds received, social security, loans, reimbursements, last year’s State of Wisconsin refund, winnings, etc.
6. Any 1098s received. 1098s report payments you have made, such as school loans.
7. Any 1095 received showing credit from the healthcare.gov marketplace (health insurance).
8. Statements from your bank accounts showing savings and investments.
9. Your bank’s routing number and the account number which you would like your refund direct deposited in, if you choose the direct deposit option.
10. Last year’s Federal and Wisconsin tax returns, if you have them.
11. Any property tax paid on your home.
12. Home improvement expenses, if deductible. Sometimes certain energy star appliances, doors, and windows are deductible.
13. Medical expenses and miles driven for medical purposes (to and from your doctor). This includes dentist, eye doctor, general practitioner, hospital expenses, specialists, prescription medications, over the counter medicine, dietary food items, and medical equipment.
14. Interest paid on your mortgage.
15. Childcare expenses. This pertains to daycare expenses you pay a childcare provider. You will need their tax information.
16. Business expenses, such as required uniforms, meters paid for parking, miles driven, hotels, cabs, airplane tickets, etc. If self employed, this also includes office equipment purchased, insurance paid, advertising expenses, office supplies, etc.
17. Moving expenses, if related to your job.
18. Amount or value of charitable donations given.
19. Gambling losses.
20. Cost of last year’s income tax return filing.
21. Any vehicle sales tax paid.
22. Mortgage points.
23. Hobby expenses.
24. Out-of-Pocket expenses paid by teachers for items used in the classroom.
25. Expenses related to job searching, such as the cost of printing resumes.
Remember, you must keep a copy of your tax records for seven years. Your Federal and Wisconsin income tax returns must be postmarked by April 15, 2015.
There are two new features available from the IRS this year. First, the IRS allows you to get your tax transcripts for free online. To get a free transcript online, you must have a Social Security Number and access to your email account to confirm your email address. Then, you’ll need to answer some personal, financial, and tax related questions to verify your identity.
The second new featured offered by the IRS this year is if your debt to the IRS is less than $25,000 total, you can get set up an installment agreement online to make monthly payments. Before applying for any payment agreement, you must file all required tax returns.
If you have questions regarding Federal or Wisconsin income tax returns, bankruptcy, or debt repair, please contact Wynn at Law, LLC. Our expert debt attorney can answer your questions. Wynn at Law, LLC has offices in Lake Geneva, Salem, and Delavan, Wisconsin. You can reach our Wisconsin tax attorney by phone at 262-725-0175 or by email via our website’s contact page.
Wisconsin debt attorney
 
 
 
*The content and material on this web page is for informational purposes only and does not constitute legal advice.
 

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10 years 4 months ago

Reaffirming a Debt in Bankruptcy
There are times when clients who have filed chapter 7 or 13 bankruptcy will ask whether or not they should reaffirm a debt that would otherwise be discharged in their bankruptcy. Reaffirmation is an agreement made with a creditor to continue paying off a debt even after bankruptcy. There may be legitimate reasons for wanting to reaffirm a debt or loan. However, before the changes in bankruptcy law in 2005, it was not uncommon for creditors to use coercive methods to try and get debtors to reaffirm a loan. Reaffirming a debt means that you will be legally responsible for repaying the debt after your bankruptcy even though the bankruptcy would have released you of any legal responsibility to pay it back.
The post Reaffirming a Debt in Bankruptcy appeared first on Tucson Bankruptcy Attorney.


10 years 2 months ago

Reaffirming a Debt in Bankruptcy
There are times when clients who have filed chapter 7 or 13 bankruptcy will ask whether or not they should reaffirm a debt that would otherwise be discharged in their bankruptcy. Reaffirmation is an agreement made with a creditor to continue paying off a debt even after bankruptcy. There may be legitimate reasons for wanting to reaffirm a debt or loan. However, before the changes in bankruptcy law in 2005, it was not uncommon for creditors to use coercive methods to try and get debtors to reaffirm a loan. Reaffirming a debt means that you will be legally responsible for repaying the debt after your bankruptcy even though the bankruptcy would have released you of any legal responsibility to pay it back.
The post Reaffirming a Debt in Bankruptcy appeared first on Tucson Bankruptcy Attorney.


10 years 4 months ago

I have been getting more and more inquiries regarding prior clients with regard to their mortgage companies.  It appears that the mortgage companies are not reporting their timely payments to the credit bureaus. For this reason, I decided to address it in this blog. The bottom line is that your mortgage company is not required+ Read More
The post Your Mortgage Company Is Not Required To Report To The Credit Bureaus appeared first on David M. Siegel.


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