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Taken from the webpage of King Law firm
State Income Tax Claims, Federal Tax Claims, and real estate Taxes must be included in a bankruptcy filing. Income tax claims that are less than three years old will usually be consolidated with other debts and paid over three to five years in a Chapter 13. Depending upon income and assets, income tax claims for returns that were filed more than three years before the bankruptcy can sometimes be reduced substantially in a Chapter 13 and eliminated completely in a Chapter 7.
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Generally personal income taxes that are over three years old, and were assessed at least 240 days prior to bankruptcy filing, and voluntarily filed at least two years ago, can be included in a bankruptcy. However, most taxes aren't dischargeable. The trust fund portion of employment taxes is not dischargeable in bankruptcy; therefore, an Offer in Compromise is the only way to effectively eliminate the burden of the trust fund portion of employment taxes.
Wiki User
∙ 8y ago
Wiki User
∙ 15y agoSome can. Federal income taxes due 3 years prior to filing, if the returns were filed when due, can be discharged. "Trust fund" taxes, such as withholdings for employees, cannot. Some property taxes may be.
Wiki User
∙ 9y agoAn individual may not include his/her rental agreement on the statement of intention while filing for bankruptcy. The statement of intention is not meant for real estate property like apartments. It is meant for personal property. Hence, only property like automobiles and other personal property may be included in it.
Wiki User
∙ 16y agoI believe you must list all debts, including these. Who gets paid what and how much is then determined by their debtor status. The IRS debts may or may not be entirely settled in the process.
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Can past due rent be filed under bankruptcy?
Yes, but the landlord can evict you for nonpayment.
If you get evicted are you responsible for debt after bankruptcy?
This can get complicated, but the main question is, was the rent past due when you filed the bankruptcy? If so, was the landlord included in the list of creditors? If so, in most cases, rent due as of the date of filing was most likely discharged. Any rent, or "use and occupancy" in lieu of rent, from after the date of filing was not discharged.
Can a apartment complex collect past due rent if the apartment has been released?
Past due rent is past due rent, no matter how you look at it. It is money that is still due the landlord.
Can you file bankruptcy on a truck repo past due loan?
No, if you mean, can you single out this debt to "file bankruptcy on." You file bankruptcy on ALL your creditors. You don't get to pick and choose. But you can certainly include such a debt in bankruptcy.
Can a tenant be evicted in Michigan if in bankruptcy?
Bankruptcy does not relieve a tenant from paying his rent: it's not a debt. Rent is due in advance of the rental period and is not an extension of credit. Oh, and a landlord cannot evict a tenant simply because he filed for bankruptcy.
Will you owe the past due rent if you are evicted in Brooklyn NY?
Yes.
Can my ex-landlord collect unpaid rent during my bankruptcy I no longer live there discharge was July rent due was for June?
Not if you listed your landlord as a creditor on your bankruptcy petition and that there is excess property to pay your landlord after secured creditors and your exemptions. Unpaid rent is an unsecured debt. If a judgment lien is filed, you can avoid it if filed shortly before bankruptcy filing.
What can be done if a Tenant has filed chapter 7 to avoid paying past due rent?
Aside from keeping the security deposit, there is not much left that you can do as far as getting those past due funds as they probably do not have the money. In order to file for bankruptcy, an individual debtor has to prove many things so he probably filed because he in fact did not have any money, not just to avoid paying past rent. You can get in line with all the other creditors to try to collect.
Can filing for bankruptcy stop an eviction?
If the eviction is for nonpayment of rent, yes, since it is a debt collection procedure. The landlord or property manager would have to move for relief from stay to proceed. However, this varies from state to state and even from one bankruptcy court to another, so check with a local bankruptcy lawyer. Even if the eviction is not for past-due rent, the claim will include costs and lawyer's fees, so the landlord should move for relief from stay or wait, if it is a c. 7, until the case is closed. Make sure the landlord is included as a creditor to discharge any money owed to the landlord.
Would it be less costly for someone who can't afford rent to file bankruptcy before or after rent is due... How much time will they receive to move?
If you believe Bankruptcy or eviction are possible, and your asking what your asking (which is head scrtachingly weird), GET A LAWYER...go to legal aid...get help.
Can you sue a tenant for the remaining rent due on the lease after an eviction judgment has been issued by the court?
Absolutely! Most of the time when you evict a tenant you want to supplement the eviction by a judgment for damages to include, but not limited to, past due rent. A judgment for both eviction and the damages will then be posted on the official records of the clerk's office.
What happens after you pay landlord past due rent for court judgment but a new month has come?
Nothing "happens". If you're asking if you have to keep paying your rent, DUH; the fact that you've settled the past due amount does not mean you're exempt from ever having to pay again.
