Is IRS Offset of Tax Refund a Violation of Automatic Stay?

Here is the issue:  Debtor files for bankruptcy on February 1, 2016 but expects a tax refund for tax year ending in December 31, 2015 from the IRS.  Debtor owes tax to the Internal Revenue Services for prior tax years.  Can the IRS offset the tax refund for 2015 for the tax debts for prior […]

IRS Scam Phone Calls about Tax Debt

You should be warned that there are thieves who will pose as IRS agent to steal your personal information and money.  You should be suspicious of any callers who ask for personal information or money or who use threats to get your personal information or money.  They may sound convincing by altering the caller ID to look […]

Clawbacks of College Tuition Payments in Sacramento Bankruptcy Court

Recently, there is a dispute between bankruptcy trustees and colleges over the application of the clawback provision of the Bankruptcy Code on college tuition paid by insolvent parents for the benefits of their children within several years of filing for bankruptcy.  The Bankruptcy code allows the bankruptcy trustee to recover transfer of assets or money […]

Clawbacks of Preferential and Fraudulent Transfers by Bankruptcy Trustee

It is a myth that you can transfer assets to friends and family before filing for bankruptcy without any repercussion.  The Bankruptcy law gives Bankruptcy Trustee the power to void or undo such transfers for the benefits of your unsecured creditors.  This is known as the "Clawback" of Preferential or Fraudulent Transfer. Payment or Transfer to […]

What Debts are Not Discharged in Bankruptcy

You can find a list of debts that are not discharged in bankruptcy under the Bankruptcy code 11 U.S.C. § 523. The list is too lengthy to go into details here.  Here are some examples of nondischargeable debts that are most common: 1.  Recent Taxes 2.  Alimony and Child Support 3.  Student Loans 4.  Debt incurred […]