yes they do take your child tax. i just payed mine and now they are wanting my car i payed off. I am trying to find out how to get it so they can not take my only car.They told me that is the car is more then 1000.00 they can take it
First, State isn't important. It depends on what Federal circuit court you file in (Bankruptcy is a federal law, an while circuits define somethings differently, it may not be too substantial a difference).
It is true that most circuits have determined that the tax credit is part of the bankruptcy assets. However, some portions of the credit may not be, and like anything to do with the taxes of a bankrupt, which portion are from before and which portion are from after your filing is important (taxes from before filing are part of the BK, after, not).
There seems to be some discretion on this applied by the Trustee. along with when you filed being relevant (if you filed in January, virtually none of the EIC was yet earned so it is all post potition and exempt, however in Dec., it virtually all was earned prepetition).
There are distinctions between the voluntary and involuntary portions too.
But basically, Indiana exempts debtor's earned income credit (See IC 34-55-10-2(c)(10) and Trustee's generally do not go after refunds less than $2,000 to $3,000.
No, child tax credit is not exempt from bankruptcy in the state of Colorado. Just like all other states within the US, child tax credit has no exemptions.
10 years
All money is income in bankruptcy. Speak with an attorney about your specific situation. If you can not find an attorney, contact your local Bar association and they will refer you to one.
Property exempt from lawsuit judgment is the same that is allowed in bankruptcy. Unfortunately, Ohio law gives the consumer very poor protection from judgment creditors. Basics: Homestead exemption $5,000. Private disability benefits, $600 (monthly) Personal property not to exceed a combined total of $2000. "Wild Card" any property not to exceed the amount of $400. Federal non bankruptcy exemptions are applicable (such as Social Security, pension benefits, etc.
All public and private disability benefits are exempt from creditor garnishment. All SS, SSI, SSD SSID benefits, military pensions and most private pensions are exempt from creditor garnishment.
Social Security benefits are exempt from Ohio state income taxes.
Who really cares
Yes, many loan agreements have a clauses that allows them to call the note due and/or repo the vehicle if there are any singnificant changes to your credit status. Bankruptcy certainly qualifies.
what auto dealers in ohio deal with credit acceptance
It means that you failed to properly exempt the vehicles or their value is in excess of the exemptions available, hence "non-exempt." To keep the vehicles, you must "buy" them from the trustee at an agreed-on price, which means "redeeming" the property from the bankruptcy estate. If you filed without a lawyer, you probably failed to take the exemptions, which is the most common mistake made by do-it-yourselfers. You may be able to amend your Schedule C to take the appropriate exemptions. You are only entitled to one vehicle exemption per person. Other vehicles need to be sold or redeemed.
No, both are exempt from garnishment by a judgment creditor . Please note, the judgment debtor must claim the allowed exemptions they are not automatically granted by the court.
I am hoping someone has an answer to this
A CHAPTER 7 BANKRUPTCY TAKES 10 YEARS BEFORE THIS IS REMOVED OFF OF YOUR CREDIT REPORT. THE GOOD NEWS THIS DOES NOT AFFECT YOUR CREDIT ANY LONGER! *********************I filed Chapter 7 in 2003 and depending on what your state court's definition of "dismissed" is it CAN affect your credit. For instance, some courts definition of "dismissed" is the same as "discharged." In Ohio it is "discharged" and I no longer owe any debt, however it DID IN FACT AFFECT MY CREDIT. I can NO LONGER get any. I received denial letters stating the reason for being denied, "Bankruptcy." So do your homework according to your state.