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Special
Issues
The Bankruptcy
Law Offices of Shaun M. Ellis
Nondischargeable
Debt
Some
debts, such as debts that you incurred as a result of fraud, alimony,
child support, criminal acts, wages owed to others, penalties and
fines, student loans and certain taxes, and credit card use for luxury
goods and services are not discharged in bankruptcy.
Taxes
In
many instances, you can discharge income taxes owed to the Internal
Revenue Service and the Massachusetts Department of Revenue. To
be discharged, taxes must be over three years old, a tax return
must have been filed more than 2 years prior to filing bankruptcy
and the taxes must have been assessed for over 240 days prior to
filing bankruptcy. Bankruptcy provides an effective method to get
out of tax debt. If your taxes are not over three years old, you
may pay your tax arrears through a chapter 13 plan.
Homesteads
- Save Your Home
When
you file bankruptcy, the equity in your real estate and personal
property is exempt up to certain values. In Massachusetts, you may
elect to use either the Massachusetts exemptions or the Federal
exemptions. An exemption is equity in property that you can keep
even though you file bankruptcy. In Massachusetts you can file a
homestead on your real estate and protect $300,000.00 of the equity
in your real estate. Please call Attorney Ellis if you have detailed
questions regarding the nature and dollar amount of exemptions available
to you.
Lien Avoidance
Under
many circumstances, when you file bankruptcy, you may file a motion
with the bankruptcy court to avoid liens, attachments and executions
field against your home. Attorney Ellis will draft and file the
appropriate motion for you as part of the services that he renders
to you when you file a bankruptcy.
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Law
Offices of Shaun M. Ellis, LLC
Sandwich, Boston & Plymouth
Call toll free 877-888-4094
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Disclaimer:
Information sent via e-mail is not secure. The information provided on this
page is intended solely for informational purposes and is not intended to
create an attorney-client relationship and is not a substitute for a professional
consultation or legal advice. Attorney Ellis is admitted to practice law
in Massachusetts only. This site may be considered advertising under the
Rules of the Massachusetts Supreme Judicial Court. Inquiries for advice
for your specific legal situation are welcomed and encouraged.
© Shaun M. Ellis, 1999. All rights reserved. Get Out of Debt,
Get A Fresh Start and Erase Credit Card Debt are trademarks of Shaun
M. Ellis. |
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