Legal Question in Bankruptcy in North Carolina

I am a retiree. My income is social security and a $935 a month pension. My wife is also retired and draws a small social security pension. I am mired down in credit card debt which I cannot pay. I have no money to file for bankruptcy. I just received a letter saying one of my creditors is no longer try to collect on the debt.But they will report $16451.23 to the IRS. I have no way I can pay the taxes. The amount will be reported on Form 1099-C. My wife and her uncle are the only ones on the title for her house. Our car is jointly owned by my wife and myself, but is worth less than currently owed. I am desperate. I don't know what to do My current unsecured debt is about $65000.


Asked on 1/21/14, 1:50 pm

2 Answers from Attorneys

Charles Andersen Charles Andersen, Atty

Best thing you can do is to go in to a local bankruptcy attorney for a free consultation. If you're not going to lose assets by filing for bankruptcy then you can get a forms package from the local bankruptcy court and file pro-per.

Do it right away because debt discharged in bankruptcy is not taxable, while as forgiven debt is.

http://www.superdebtbuster.com

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Answered on 1/21/14, 2:14 pm
Thomas Zimmerman Zimmerman Law Office

Nothing in your history and finances suggests you would not be eligible and receive a benefit from filing bankruptcy. It could be that you are judgment proof and could otherwise just ignore the collectors. The threat to report is empty. You only pay taxes on such "phantom income" to the extent you are solvent. Check with your tax person. The Bankruptcy Code provides for both pro-se (self) filing and for waiver of the filing fees. I do not suggest pro-se filing unless you feel confident of the process and you have consulted with counsel to review your whole situation. Your social security is immune from attachment and levy as long as it is not co-mingled with your pension check or other moneys. If you have judgments against you or could suffer a judgment, the creditor has no real remedy if you structure your finances correctly. Your bankruptcy exemptions are the same as exemptions from levy. You do have to file them. Thus if the creditor sends out a notice of exemptions following judgment, you should complete and file them. Even if you have to pay a few dollars to a bankruptcy lawyer, the planning advice would be well worth it even if you do not file.

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Answered on 1/22/14, 10:16 am


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