Bankruptcy lawyer Houston, Texas and chapter 13 lawsuits
Bankruptcy lawyer Houston, TX and chapter 7 tricks: A ‘Motion for Non-Suit’ is what a creditor files to have its lawsuit dismissed. This can be ‘with prejudice’ (meaning a new lawsuit cannot be filed over the debt in the future) or ‘without prejudice’ (meaning the creditor has the right to file a lawsuit over the same debt in the future). A creditor may file a non-suit as part of a settlement agreement. A creditor may also file a non-suit when they realize they do not have all the documents necessary to prove the debt to a judge (or jury). If a non-suit is filed that means the lawsuit will not result in a judgment.
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Earned Income Tax Credit (EITC): Millions of lower-income people take this credit every year. However, 25% of taxpayers who are eligible for the Earned Income Tax Credit fail to claim it, according to the IRS. Some people miss out on the credit because the rules can be complicated. Others simply aren’t aware that they qualify. The EITC is a refundable tax credit—not a deduction—ranging from $529 to $6,557 for 2019. The credit is designed to supplement wages for low-to-moderate income workers. But the credit doesn’t just apply to lower income people. Tens of millions of individuals and families previously classified as “middle class”—including many white-collar workers—are now considered “low income” because they: lost a job, took a pay cut, or worked fewer hours during the year. The exact refund you receive depends on your income, marital status and family size. To get a refund from the EITC you must file a tax return, even if you don’t owe any taxes. Moreover, if you were eligible to claim the credit in the past but didn’t, you can file any time during the year to claim an EITC refund for up to three previous tax years.
A Chapter 13 bankruptcy allows you to keep your stuff and get on a more affordable repayment plan with your creditors. You’ll need to have enough income to afford the payments and be below the maximum total debt limits (currently nearly $400,000 for unsecured debts and $1 million-plus for secured debts). A court will approve the Chapter 13 repayment plan, which usually lasts three to five years, and your trustee will collect your payments and disburse them to your creditors. Once you finish the plan, the remainder of the unsecured debts is discharged.
Bunch Your Charitable Contributions: In 2019, married couples filing jointly have a standard deduction of $24,400. For single taxpayers, the standard deduction is $12,200. The Tax Cuts and Jobs Act of 2017, which nearly doubled the standard deduction, also eliminated miscellaneous deductions, capped state and local tax deductions at $10,000 and limited mortgage interest deductions to loans of up to $750,000. These changes can make it difficult to itemize deductions unless someone has significant charitable donations. Powell suggests people bunch two years of contributions into a single year, which would allow them to claim an itemized deduction every other year. For those with the financial means, setting up a donor-advised fund may be ideal. “You get the deduction in the year you move the money (into the fund),” Powell says. However, charitable gifts from the fund can be spread out over time. See more details on website.
Chapter 13 bankruptcy is like Chapter 11, which applies to businesses. In both cases, the petitioner submits a reorganization plan that safeguards assets against repossession or foreclosure and typically requests forgiveness of other debts. They both differ from the more extreme Chapter 7 filing, which liquidates all assets except those specifically protected. No bankruptcy filing eliminates all debts. Child support and alimony payments aren’t dischargeable, nor are student loans and unpaid taxes. But bankruptcy can clear away many other debts, though it will likely make it harder for the debtor to borrow in the future.