Chapter 7 Filing Pro Se - A couple of Questions?

[MB1185]

What is the name of your state (only U.S. law)? MARYLAND


Good morning. After months of contemplating, I have finally decided to file Ch 7 bankruptcy. I have spent the last two weeks completing all of the required paperwork and notices for my case, and I do have a couple of questions, as I am filing pro se:


1. I have an active wage garnishment (which ultimately led to me filing to BK), and I know filing will stop the garnishment temporarily. I am also under the impression that under Maryland law, I could be entitled to receive up to 90 days worth of garnished wages back. I have already listed the creditor that is garnishing my wages on my forms....how can I ensure that I will get these funds back? Is there an additional form I need to complete, or will this process start automatically once I notify the creditor, the sheriff, and my employer?

2. About 90% of my debt is consumer debt (credit cards, personal loans, etc), but I do have federal tax balances from 2012 and 2013 listed on my paperwork. Now if I file and this old tax debt is discharged, how will that affect my future federal tax refunds? I have spoken with many others who have filed BK, and it appears that once you discharge a debt from a certain creditor, you cannot do business with them again. How does this work with federal tax debt?


Thank you in advance.

 

[FlyingRon]

The garnishment is for what sort of action?

You report the excludable wages on the sched C. You should also inform the creditor and your employer when you actually file to make sure it further garnishment gets stopped.

 

[LdiJ]

What is the name of your state (only U.S. law)? MARYLAND


Good morning. After months of contemplating, I have finally decided to file Ch 7 bankruptcy. I have spent the last two weeks completing all of the required paperwork and notices for my case, and I do have a couple of questions, as I am filing pro se:


1. I have an active wage garnishment (which ultimately led to me filing to BK), and I know filing will stop the garnishment temporarily. I am also under the impression that under Maryland law, I could be entitled to receive up to 90 days worth of garnished wages back. I have already listed the creditor that is garnishing my wages on my forms....how can I ensure that I will get these funds back? Is there an additional form I need to complete, or will this process start automatically once I notify the creditor, the sheriff, and my employer?

2. About 90% of my debt is consumer debt (credit cards, personal loans, etc), but I do have federal tax balances from 2012 and 2013 listed on my paperwork. Now if I file and this old tax debt is discharged, how will that affect my future federal tax refunds? I have spoken with many others who have filed BK, and it appears that once you discharge a debt from a certain creditor, you cannot do business with them again. How does this work with federal tax debt?


Thank you in advance.

There are limitations on discharging tax debt. For sure you cannot discharge 2013 as it is not old enough to have a chance at being discharged, and 2012 is really iffy.