Chapter 13 tips by bankruptcy lawyer Houston, Texas
Chapter 7 tricks by bankruptcy attorney Houston, Texas: Folks often have the misconception that if the lawsuit is not placed in their hands, they cannot be served and the lawsuit cannot proceed. This is not true and sometimes if you are served by alternative service you may not realize you have been served (if, for example, the lawsuit is affixed to your door and a nosy neighbor takes the lawsuit). If you are aware a lawsuit has been filed, do think if they have not put the lawsuit into your hands that the lawsuit cannot proceed. A lawsuit begins when the ‘Plaintiff’ (the person or company doing the suing) files the ‘Original Petition’ in the appropriate court. If the dollar amount the creditor is suing for is less than $10,000, the lawsuit will usually (but not always) be filed in a ‘Justice of the Peace’ court. Otherwise a lawsuit for an unpaid debt will typically be filed in the county court or district court for the county in which you live.
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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.
The trustee’s job is to review your finances and assets and oversee your Chapter 7 bankruptcy. They will sell certain property the bankruptcy won’t let you keep (nonexempt property) and use the proceeds to repay your creditors. The trustee will also arrange and run a meeting between you and your creditors-called a creditor meeting-where you’ll go to a courthouse and answer questions about your filing.
Pick Up Capital Gains if You’re in a Low Tax Bracket: The end of the year is also a good time for some people to sell stocks that have appreciated significantly in value. This can be a particularly good strategy for those who are in the 10% and 12% tax brackets since their capital gains tax may be zero. The stocks can then be repurchased, which resets the basis and minimizes the amount of tax to be paid on future gains. Even if you’re not in the lowest tax brackets, you may want to sell winning stocks to reset the basis if you’re also harvesting losses. “What you want to do is balance (gains) with stocks that have losses,” Barlin says. Discover additional details at dovebankruptcylaw.com.
Chapter 13 petitioners must stipulate that they haven’t had a bankruptcy petition dismissed in the 180 days before filing due to their unwillingness to appear in court. Also, anyone seeking bankruptcy protection, must undergo credit counseling from an approved agency within 180 days of filing a petition. Shortly after filing, the debtor also must propose a repayment plan. A bankruptcy judge or administrator will hold a hearing to determine whether the plan meets the requirements of the bankruptcy code and is fair. Creditors may raise objections to the plan, but the court has the final say.