Did You Get a 1099 From One of Your Creditors?

If you filed bankruptcy last year you will be receiving 1099 forms from your creditors.  Do not ignore this.   Deal with it now, otherwise it will cause you problems in the future.

Here is what you need to do. Make sure your tax preparer knows you filed bankruptcy and have them attach IRS Form 982 to your tax return.   They should check the box in Part 1 that says  “Discharge of indebtedness in a title 11 case”.  Title 11 is bankruptcy.   Attach a copy of your bankruptcy discharge to the form 982.

If you have already filed your 2011 tax return then you will need to file an amended return.

Do I have to list all my debts if I file bankruptcy?

QuestionYes…but let me explain why you want to list everyone.  The bankruptcy rules require you list all of your creditors so the court can get an accurate picture of your financial situation.  Listing everyone you owe does not mean you will lose your house or car or other property.  Listing everyone you owe does not mean all your debt will be wiped out.  You want to have all your creditors listed so they get notice of the bankruptcy and they leave you alone while you take the time to decide who you want to pay and who you want to get rid of.  You can always pay back the creditors you listed after the bankruptcy if you wish.

Leaving off a credit card because you want to continue to use the credit card is not a good idea and it won’t work anyway.  Credit card companies and other creditors are constantly checking your credit reports in national databases and they will find out about the bankruptcy.   They will  cancel the card anyway, whether you owe a balance or not, no matter how good your payment record may have been.

Intentionally leaving a creditor off your bankruptcy papers may result in perjury or it may make the debt non-dischargeable and you will have to pay it.   Let’s play it safe and list everyone.  That way you are protected from them and you can always pay them later if you desire.

Attorney Frank Coxwell – Bankruptcy Options

The idea of bankruptcy came from the Old Testament.  It was created for your protection - to ensure your right to a fresh start.

Mortgage Attorney Frank Coxwell – Foreclosure

 

 The most important thing is to save your home.

Did you lose your house to foreclosure in 2009 or 2010?

If you happened to have lost your home to foreclosure in either 2009 or 2010, there is a new process available which allows you to request a foreclosure process review to ensure it was handled correctly.  If errors,  falsifications, or other wrongdoing is found within your foreclosure process, you might be eligible for monetary compensation or other solutions.  Keep in mind that this reveiw of process is only applicable to the house that was your primary place of residence.  The mortgage companies will mail out letters of notification, but the letters will more than likely go to the home that was foreclosed which you no longer reside in.  So if you are interested in having your foreclosure process reviewed, call 1-888-952-9105 to request the form that will need to be filled out or go to the web site at www.independentforeclosurereview.com.

The mortgage loan servicers that must participate in this review process are:

1)  America’s Servicing Co. 2) Aurora Loan Services 3) Bank of America 4) Beneficial 5) Chase 6) Citibank 7) CitiFinancial 8 ) CitiMortgage 9) Countrywide 10) EMC 11) EverBank/EverHome Mortgage Company 12) GMAC Mortgage 13) HFC 14) HSBC 15) IndyMac Mortgage Services 16) MetLife Bank 17) National City Mortgage18) PNC Mortgage 19) Sovereign Bank 20) SunTrust Mortgage 21) U.S. Bank 22) Wachovia Mortgage 23) Washington Mutual/WaMu 24) Wells Fargo Bank, N.A.