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Attention  .  .  .  on December 1, 2015  new bankruptcy forms go into effect.  The changes are extensive but no worries - our bankruptcy software automatically updates all changes in bankruptcy law including the forms.

Taxes and Student Loans.

While it is true that some taxes will not be discharged, others can be. Some federal taxes may be excepted from discharge if they are over 3 years old and meet all other criteria for discharge but only the court can determine this.

Did your employer file a 1099 with the IRS instead of a W-2 by claiming you are a contractor when you really aren't because you're a cashier, a server, an office worker, an LPN, etc. and work directly under the control of your employer? 

In other words, you don't make the decisions - you just do what you're told by your employer and you're grateful to have a job.  Perhaps you shouldn't feel so grateful because your employer caused you to incur an additional 15% self employment tax you probably don't owe in addition to the taxes you do owe.  

You are not alone because more and more employers are doing this to avoid paying social security tax and Florida unemployment taxes.  Your local IRS office will be happy to help you resolve this issue at no charge because they don't like it any more than you do.  They can also help you resolve your tax issues through a workable repayment plan.

Student loans generally are never dischargeable in a Chapter 7 bankruptcy but there are exceptions but very few people qualify because the "undue hardship" provision of bankruptcy is reserved for extraordinary circumstances that are likely to continue for an extended period of time - not a short duration. But there are alternatives such as forbearances, refinancing, and Chapter 13 bankruptcy (usually a 5 year repayment plan).















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