Can I file bankruptcy, if I have a state tax lien to repay unemployment on my credit for the state and which one, chapter 7 or 13? 8 Answers as of October 31, 2016

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Ronald K. Nims LLC | Ronald K. Nims
Repayment of unemployment compensation that you received as a result of an error by the state or you in handling your unemployment claim is discharged in bankruptcy. However, if you received the unemployment compensation due to your fraud, it is not dischargeable. For example, if you were unemployed and applied for UC and your payment should have been $250 a week but the Bureau made an error so you were paid $300 a week - that's dischargeable. On the other hand, if you applied for UC but were working doing landscaping paid under the table and got caught - that is not dischargeable.
Answer Applies to: Ohio
Replied: 10/31/2016
Keith M. Nathanson, PLLC
Keith M. Nathanson, PLLC | Keith Nathanson
You may be eligible for either a chapter 7 or chapter 13, depending on several factors. It requires more of an analysis then can be provided in a response on a website.
Answer Applies to: Michigan
Replied: 10/20/2016
A Fresh Start
A Fresh Start | Dorothy G Bunce
People with tax liens file bankruptcy all the time. That is not to say that the government will not get paid, as in most situations, bankruptcy does not change a lien, which is a way of connecting a debt to your ownership in property. And BTW, when I say property, I do not just mean real estate. Money in the bank, a life insurance policy, a retirement account, and any other asset is considered to be tied up by a tax lien.
Answer Applies to: Nevada
Replied: 10/17/2016
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Yes, you can file on that. Whether or not the case is a ch7 or ch13 has nothing to do with that debt in particular. You need to see local counsel to determine what type of case is best for you.
Answer Applies to: California
Replied: 10/17/2016
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Chapter 7.
Answer Applies to: Colorado
Replied: 10/17/2016
Click to View More Answers: