Articles from The Law Office of David H. Fuller

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Bankruptcy And Your Security Clearance

Submitted by Anonymous (not verified) on Tue, 03/12/2013 - 18:32

When you have a security clearance, financial problems are even more stressful because you worry about your security clearance.  For most people, bankruptcy seems like an obvious solution to financial trouble.  If you have a security clearance, you worry about whether the bankruptcy will affect your security clearance.  Here’ what you need to know about your security clearance and bankruptcy.

Reinstate the Automatic Stay

Submitted by Anonymous (not verified) on Sun, 03/10/2013 - 23:59

Can you reinstate the automatic stay?  No, but you can get the same protection through injunctive relief.  Some background will help make this clearer.
The automatic stay goes into effect when a bankruptcy is filed, and it prevents all actions to collect on a pre-petition debt.  There are only a few exceptions to the automatic stay, for example it doesn’t stop a criminal prosecution.  For the average client, the automatic stay puts a full stop to all creditor harassment.

Unfiled Tax Returns and Bankruptcy

Submitted by Anonymous (not verified) on Wed, 03/06/2013 - 22:36

Can You File Bankruptcy If You Have Unfiled Tax Returns?  Yes, but it’s a bad idea.  However, there is a solution.  In addition to practicing bankruptcy law, I am a tax lawyer as well.  I can prepare and file your tax returns for you, and make sure that your case is setup to handle any tax issues.
If you think that you owe back taxes the IRS, we need to get your tax returns filed as soon as possible.  There are a variety of solutions to tax debt that are available to you, but they all require you to get all of your late returns filed.
Chapter 7

Discharge Traffic Tickets InChapter 7

Submitted by Anonymous (not verified) on Thu, 01/24/2013 - 21:53

It is possible to discharge traffic tickets in a chapter 7 bankruptcy.  Many lawyers will tell you that you cannot discharge traffic tickets in chapter 7 at all; and, that you have to file a chapter 13.  However, that is not true.  This is one of the funny technicalities of the Bankruptcy Code that less experienced lawyers overlook.

Tax Refunds and the IRS Right of Setoff and Recoupment

Submitted by Anonymous (not verified) on Tue, 01/22/2013 - 05:16

One of the most frustrating experience is that people have in bankruptcy is thinking that they will be able to keep their tax refund and then losing it to either the IRS or the trustee.  With a little bit of proper planning, it is possible to protect your tax refund.  As an initial matter, I need to understand two things about your tax refund.  First, your tax refund is probably the bankruptcy estate.  It is an asset to the chapter seven trustee can block to three payment your unsecured creditors.  Second the tax refund is actually a debt the IRS owes to you.  When you have a tax refund, yo

Tax Refunds In Bankruptcy

Submitted by Anonymous (not verified) on Tue, 01/22/2013 - 04:44

Many of my clients want to know if they can keep their tax refunds after the file bankruptcy.  For many people, the tax refund is an important source of revenue and income during the year.  It is possible a file bankruptcy and keep your tax refund, but you must follow the proper procedure.  Additionally, if you owe the IRS any money, it may not be possible to protect your tax refund this year.  However you can use the bankruptcy discharge to protect future tax refunds.

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