Probably yes. If your previous case was a chapter 7 case you need to wait 8 years from the date the previous case was filed to file another chapter 7. It does not matter when you got your discharge or when the case closed, it only matters when your last case was filed. If your previous case was a chapter 13 you need to wait 4 years to file a new chapter 7 case and 2 years to file a new chapter 13 case.

Yes, almost all garnishments can be stopped except for child support or spousal support obligations. Some creditors that hold claims that will not be discharged like student loans can start garnishment again as soon as your discharge is entered.

In Oregon this may be the most often asked question, and the answer is Yes. Usually, the best way to do this is to file a chapter 13 bankruptcy and propose a payment plan to pay off your past-due house payments (the arrears). In many cases you will have up to 5 years to do this. This means that even if you owe a fairly large amount of past-due payments your chapter 13 payment could be relatively small and affordable. If a chapter 13 is not right for you, and you choose to file a chapter 7 bankruptcy, the foreclosure will be delayed while an “automatic stay” is in place, and you will have some extra time to catch up on any arrears. However, in a chapter 7, you need to make all your house payments prior to the eventual foreclosure date, both the arrears and current monthly payments, in order to keep the house.

Maybe, it depends on what you are selling, to whom you are selling it to and how much money you receive. The main thing you need to be aware of is that you cannot sell something for a lot less than it is worth. For example, if you own a classic car worth $20,000 you cannot sell it to your brother or friend for a dollar or even for $10,000. This is called a fraudulent conveyance and a bankruptcy trustee can sue the person you “sold” it to in order to recover the property. Generally, if you sell something for a fair price and keep good records to show where the money was spent, there is no law that states you cannot sell the property before bankruptcy. However, I always advise clients to not sell anything without first consulting with their lawyer.

Maybe, but probably not. Just like with a sale for less than fair market value, giving something away will probably be considered a fraudulent conveyance and a bankruptcy trustee could recover the property. However, if the property is worth very little money, it may not be worth it for the trustee to go after the property. I always advise clients to not dispose of anything without first consulting with their lawyer so they avoid any problems.

There is nothing in the bankruptcy laws that prohibit you from borrowing money prior to filing a bankruptcy as long as YOU INTEND TO PAY IT BACK. If you borrow money and do not intend to pay it back, it would be considered fraud. The bankruptcy code prohibits attorneys from advising anyone to incur debt in contemplation of bankruptcy. If you do decide to buy a car before you file your bankruptcy you may be required to reaffirm the debt in order to keep the vehicle.

No, you are required to list all debts. Even debts that you want to keep paying. The bankruptcy court does not allow you to pick and choose your preference among creditors. Secured debts need to be listed and the collateral either "reaffirmed" or surrendered, and all unsecured debts must also be listed. In fact, just because a debt is not listed on a bankruptcy schedule does not mean it is not included in the bankruptcy. In many cases even unlisted debts are discharged.

Absolutely, there is no prohibition against paying a debt back after you file. You can voluntarily pay back anyone you like. However, the creditor cannot demand payment once the debt has been discharged.

It would be fraud to borrow money on your credit cards to pay for your attorney. However, debit cards may be accepted via in-office merchant processing. And, a family member or friend can pay your fees with their own credit card.

More than three years must have elapsed between the date the income tax return was due, including extensions, and the date your bankruptcy petition is filed. The three-year time period does not expire until the due date for filing the tax return. For federal income taxes, if no extension is requested, the three-year time period will elapse on April 15 of the 3rd year following the tax year in question. If an automatic extension is requested, the 3 year time period will not expire until the last date of the extension period (usually October 15). The last due date for filing the return is the proper date for determining if the 3 year age rule has been satisfied. The date the taxpayer actually files the return is irrelevant.

You must have filed the income tax return more than two years before the date your bankruptcy case is filed. You must file the tax return to meet this condition. The Internal Revenue Code authorizes the Internal Revenue Service (IRS) to file a substitute return for a taxpayer if he or she fails to prepare and file the return. If the IRS prepares a return for the taxpayer, a substitute return, prior to the taxpayer filing their own return, then that debt cannot be discharged in bankruptcy. Federal tax returns filed before the due date are not considered filed until the due date. Returns filed after the due date are considered filed on the date IRS actually receives the return. If the taxpayer files the return before the due date, the two-year time period starts to run on the tax return due date, not the actual filing date. If the taxpayer files the return late (after the last due date), the two-year time period starts to run on the date that IRS actually receives the return.

The taxing authority must have assessed the tax more than 240 days before the bankruptcy petition is filed, plus any time an Offer in Compromise is pending, plus 30 days. Income taxes are usually assessed at the time the tax return is filed so the 240-day rule only applies in situations where there has been an additional assessment made as a result of an audit. These Time Periods May Be Suspended The three-year time period discussed above is suspended for the duration of all bankruptcy cases filed before the expiration of the three-year time period. The 240 day time period is suspended for: (1) the duration of any time during which an offer in compromise with respect to that tax was pending or in effect during that 240 day period, plus 30 days; (2) the duration of any time during which a stay of proceedings against collections was in effect in a prior bankruptcy case during that 240 day period, plus 90 days; (3) the duration of any time during which a government unit is prohibited under applicable non-bankruptcy law from collecting a tax as a result of a request by the debtor for a hearing and an appeal of any collection action taken or proposed against the debtor; and (4) the duration of any time during which a stay of proceedings was in effect in a prior bankruptcy case or during which collection was precluded by the existence of one or more confirmed bankruptcy reorganization plans, plus 90 days. An offer in compromise is an alternative method of settling a tax debt by offering to pay IRS less than the full amount due. The submission of an offer in compromise will suspend the running of the 240 assessment time period. If the taxpayer makes an offer in compromise within 240 days of filing for bankruptcy, the 240 day time period will be suspended for the time during which the offer in compromise is pending, plus an additional 30 days. A taxpayer has the option of preventing the IRS from assessing additional tax by filing a lawsuit in Tax Court to contest a proposed assessment. The filing of such a lawsuit will prevent the IRS from assessing the additional tax until after the Tax Court resolves the matter. If the taxpayer files such a lawsuit and losses, the 240 day time period will not start until the IRS assesses the additional tax, which can only occur after the lawsuit is over. ​ THIS IS JUST THE START OF THE ANALYSIS FOR DISCHARGING TAXES VIA BANKRUPTCY. TAX LIENS ARE ANOTHER ISSUE ALTOGETHER. QUITE OFTEN WE'LL NEED "TAX ACCOUNT TRANSCRIPTS" TO DETERMINE IF THE TAXES CAN BE DISCHARGED.