Legal Question in Bankruptcy in New York
Filing bankrupcy creates tax liabilty on forgiveness
Gentlemen;
I Have gone through a divorce after I learned of my health problems in Dec. 1997, have been on SSDI benefits. My current monthly benefits are 1,175.00 after Medicaid payment. I have ammassed credit card debt of $85,000.00 and am not in position to go back to work force in the future.My question is this if I receieve relief from my creditors on filing banrupcy but I will generate a future tax liability to the IRS of about $20,000.00. How would I deal with this tax liability since I am on SSDI benefits and I am confussed as to filing bankrupcy now or just leave it as is.
Do I file now, or wait and do nothing.
Your reply would be appreciated.
thanks/regards
1 Answer from Attorneys
Re: Filing bankrupcy creates tax liabilty on forgiveness
Your questions raise many more questions
that require extensive financial analysis
The size of your monthly award and other income needs to be
compared with your monthly budget on one
level before an answer as to filing bankruptyc
can be made
the nature of your income tax liability also
must be examined. The discharge of debt
does not always result in an income tax
liability for "forgiveness of indebtedness"
income. Your balance sheet and prior
years income tax returns also need to be examined.
Any Bankruptcy Court will also ask what the credit
card debt went to pay. This will affect dischargeability
There is no listing of any assets that you may
or may not own, so there can be no analysis
or comparison between straight bankruptcy and
reorganization
You truly need an hour long conference with a
person who concentrates in these areas before
you make any decisions
Time is also a factor. Giving your condition,
I would suspect that some of your debt is medical
This could be affected by the proposed
Bankruptcy Law changes. These changes also
affect dischargeability and reorganization.