Florida Bankruptcy and Tax Attorney Explains How Bankruptcy Affects Tax Refunds and the Earned Income Tax Credit

When filing for personal bankruptcy, the right to receive a tax refund usually becomes property of the estate. In some instances, the debtor may have a property interest in excessive withholding by an employer, which will become part of a refund due after the filing of the bankruptcy. Such refund is prorated over the entire year, with the pre-bankruptcy portion considered property of the estate.  There might be a way to protect your refunds though – Talk to a bankruptcy and tax attorney in the know!

 

Certain other tax credits also become part of the bankruptcy estate, however, there is some precedent for distinguishing the earned income tax credit. The Earned Income Tax Credit (EIC) is ax credit for certain people who work and have low wages. A tax credit usually means more money in your pocket. It reduces the amount of tax you owe. The EITC may also give you a refund.  This tax credit is excluded from the estate because a debtor can have no legal or equitable interest in the credit prior to receiving it. Hence, the child tax credit can only be considered property of the estate after a full tax year ends.

 

The simplest way to ensure that a debtor will be able to retain control over a tax refund, whether or not it includes as earned income tax credit, is to wait for the refund to be received before filing for bankruptcy. Such refunds can then be used for living expenses of the debtor, including attorney’s fees or property that can be exempted once the bankruptcy is filed.

 

The delay of filing may not be appropriate if the tax return is subject to interception by the IRS on a government claim. In some situations, the government can seize both an overpayment of withholding taxes and the earned income tax credit. One way of protecting the right to a tax refund may be to elect to apply it to the following year’s taxes.  Bankruptcy might even be the solution to getting rid of those tax problems – see if your taxes are eligible!

 

In many cases, a debtor can assert an exemption to protect a tax refund or the earned income tax credit based on federal or state wild card exemptions, or other state exemptions. The earned income tax credit may also qualify for exemption based on state or federal exemptions for public assistance benefits. Long story short – you should definitely talk to a qualified Florida Bankruptcy Attorney about these issues and PLEASE PLEASE PLEASE make sure that attorney has some knowledge about taxes too.

 

 

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How Debt Collectors Operate in Clearwater Florida

Consumer Credit in the U.S.

With outstanding consumer debt in the United States having doubled over the last twelve years to $2.5 Trillion in 2009, the collection industry has grown significantly. While the extent of serious delinquencies fluctuates with business cycles and unemployment, the typical default rate on unsecured credit issued by banks, retailers, credit unions, and finance companies is around 2-3%.  However, at the onset of the current financial crisis, the delinquency rate went from 2.21% in 2006 to 6.52 % in 2009 for consumer credit cards, and 1.12% for residential loans rising to 9.1% in 2009. These numbers are consistent with the delinquency rates in Florida and in particular, the Tampa Bay Area of Florida, which includes the likes of Clearwater and Saint Petersburg.

 

Financially Distressed Consumers

The major causes of serious consumer delinquency have been shown to correspond with an increasing incidence of unemployment, illness, and marital problems.  A contributing factor has also been the credit industry’s overextension of credit and accordingly, predatory lending practices among unwary consumers.  The federal Fair Debt Collection Practices Act (FDCPA) and other state consumer protection laws, such as the Florida Consumer Collection Practices Act (FCCPA) have been enacted to protect debtors from abuse and harassment by collectors. Often, the targets of debt collectors are lower-income, minority consumers who are unable to afford the fee to retain a lawyer and file for bankruptcy to obtain bankruptcy’s promise of a fresh start.

 

Abusive Debt Collection

The objective of Debt collectors is to first identify the portion of delinquent consumers who can afford to repay some or all of their debts, and second to convince consumers to pay the particular collector before paying other creditors or even the consumers’ own living expenses.  These efforts often include extreme measures to coerce consumers into paying on the delinquent debt.

Common abusive and illegal collection tactics include:

 

(1) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person.

 

(2) The use of obscene or profane language or language meant to abuse the hearer or reader.

 

(3) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency.

 

(4) The advertisement for sale of any debt to coerce payment of the debt.

 

(5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.

 

(6) The placement of telephone calls without meaningful disclosure of the caller’s identity

 

If you reside in Tampa Bay, St. Petersburg, or Clearwater and have been contacted by debt collectors, please contact The Pikramenos Law Group at 813-413-1300. Under the FDCPA and FCCPA, you may be eligible to avoid your debts and/or receive money as a result of unlawful collection tactics. We also offer personal bankruptcy services, which may serve to forgive your debts and give you a fresh financial start!

 

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Tampa Florida Attorney Pleads to Consumers: “Please Avoid Debt Settlement Scams”

January 26, 2012

In the face of the current economic recession, debt settlement companies have sprung up throughout the Tampa Bay are and all over the rest of Florida and the nation, offering financially distressed families a reduction of their personal consumer debt. These companies, and occasionally less reputable law firms, say they will negotiate lower pay-offs by [...]

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Dear Debtors, Fear Not the 341 Meeting of Creditors? 341 Hearing Address

January 24, 2012

Dear Debtors, Fear Not the 341 Meeting of Creditors? 341 Hearing Address Debtors who are considering filing for personal chapter 7 or chapter 13 bankruptcy in the Tampa Bay area are often concerned about their involvement at the required section 341(a) Meeting of Creditors. This article helps to address some of those concerns by providing [...]

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Tampa Creditor Harassment Attorney Explains Potential Problems with Payday Loans

January 23, 2012

Payday loans are usually sought out by consumers in Tampa Florida who have an immediate need for cash and whose payday is far away. There are many companies that do payday loans, but think Amscot, Advance America, even some pawn shops around the Tampa Bay area have been seen to do Cash Advances and Payday [...]

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Often Overlooked Expenses for Bankruptcy Schedule J

November 22, 2011

OFTEN OVERLOOKED EXPENSES Bank charges (monthly checking account fees, ATM fees, overdraft fees, new check orders, online bill-pay fees, etc.) Home office supplies (computer, printer, toner, ink, paper, software, general office supplies, etc.) Tax return preparation fees Postage Other accounting fees Work expenses (including lunches and snacks) Ongoing legal fees and costs Parking, tolls Medical/hospital/vision/dental/specialist/physical therapy/chiropractor/mental health visits Job hunting (resumes, [...]

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Trusts, Irrevocable Trusts, Spendthrift Trusts are they safe in Bankruptcy?

November 2, 2011

Back when the new BAPCPA was passed in 2005 I co-wrote an article published by the American Bar Association with attorney Alan Gassman, that deals a lot with this issue.  That article can be found on my website here:  http://www.piklawgroup.com/how-the-2005-bankruptcy-abuse-prevention-and-consumer-protection-act-affects-planning-for-physicians-and-physician-practices/ I have met with many clients and have had other attorneys ask about whether or [...]

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National Association of Consumer Bankruptcy Attorneys Principal Paydown Plan

October 27, 2011

The National Association of Consumer Bankruptcy Attorney’s Principal Paydown Plan was recently lauded. While the plan is not new, it is time for consumers to be more aware of how this Plan might help them. NACBA strongly supports a cramdown process that would reduce principal balances owed on mortgages down to the values of the [...]

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Principal Pay Down Plan is Credible and Promising

October 27, 2011

The National Association of Consumer Bankruptcy Attorneys has been working on and trying to get put into action their “principal Paydown Plan” which is designed to help people in Chapter 13 from foreclosure. Recently members of Congress and the Director of Federal Housing Finance Agency cited the plan as being “Credible” and “Promising”. I have [...]

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Discharging Student Loan Debt

October 25, 2011

I was recently inspired to write a blog about discharging student loans after some of my fellow law school comrades struck up a discussion concerning stimulating the economy by allowing student loans to be dischargeable.  Well they are, but only in true lawyer-like fashion – “in certain circumstances”.  Now let’s see what those circumstances are. [...]

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