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In a WA state Ch 7 bankruptcy how do you know whether to claim the federal or the state exemptions?
Wiki User
∙ 19y ago
You should choose the one that is most beneficial to the party involved personal situation. Please refer to the page link for Washington state Bankruptcy Exemptions.
Wiki User
∙ 19y ago
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How many tax exemptions can you claim?
You are only supposed to claim the number of qualifying exemptions that you are qualified to claim.
What happens once a decision has been rendered against you for a credit card debt in court?
The creditor will file a writ of judgment. The time the defendent has to respond depends upon state law. After the judgment has been granted it can be enforced in a variety of ways. Garnishment of wages or bank accounts. Liens against real property, liquidation of assets such as stocks, bonds. Each state has exemptions the debtor is entitled to claim. The homestead exemption being the most important to a homeowner. The exemptions allowed in bankruptcy are the same for a lawsuit judgment. In addition there are Federal non-bankruptcy exemptions that can be used. You can find out which of your state's exemptions apply in your situation by searching (name of state) bankruptcy exemptions. Please feel free to e-mail me if I can be of help.
If you file chap 7 what will happen to your 2005 truck and 2003 car that are paid for?
It will depend on whether you have a house with equity or not, and on the exemption you can claim in your state or if you can use the federal exemptions, and on how much the vehicles are worth. Any equity amount not exempt will have to be paid to the trustee, or the trustee may be able to take and sell one or both vehicles. Talk to a bankruptcy lawyer in your state.
What is a Spousal Waiver of 703.140b exemptions?
I WOULD LIKE TO KNOW THE WORDING THAT GOES INTO THE SPOUSAL WAIVER. The "Spousal Waiver of 703.140b exemptions" that I am referring to in this answer is actually called the "Mutual waiver of right to claim state exemptions other than those provided in California Code of Civil Procedure 703.140(b), during pendency of bankruptcy case." It is a document that is signed by married couples when one spouse wants to file bankruptcy in California individually (and not jointly with their spouse) and they want to use the 703.140b exemptions. (This waiver is certainly used in the southern district where I practice). Exemptions are the things that allow you to keep property in a bankruptcy. Without exemptions your property would be taken and sold by the Trustee to satisfy your debts. There are two sets of exemptions in California. One set is called the "non-bankruptcy exemptions" and this is the set that contains the homestead exemptions. These are listed under CCP (Code of Civil Procedure) 704. If you don't own a home or if you don't have equity in your home then most people would choose the 703.140(b) exemptions when filing a bankruptcy because the 703 exemptions contain the very generous "wildcard" exemption. The wildcard (modeled after the federal exemption statutes) allows you to keep any type of property at all (even cash) with a value up to approximately $20,000. (Check for the exact amount at the time you are considering filing bankruptcy). The spousal waiver is necessary in California because both spouses must agree on which set of exemptions they will both take together. If they don't choose or if they can't agree on which exemptions they want then they get the non-bankruptcy 704 homestead exemptions by default. They would both then lose the wildcard. By signing the Waiver both spouses waive their right to claim any state exemptions other than those provided in 703.140(b) during the pendency of their chapter 7 bankruptcy. That means that if they sign then the agree to use the 703 exemptions (wildcard) and they waive or give up their right to use the 704 homestead exemption. In my experience most chapter 7 bankruptcy filers want this set of exemptions so most couples sign the document and they get their wildcard exemption which they must now share. The wording of the waiver comes from CCP 703.140(a)(2) so check out that section of the law to see where it came from but the effect of it is as I described above. For more bankruptcy information check out my website and my blog at www.farquharlaw.com.
What are the Iowa bankruptcy laws?
Bankruptcy is ALWAYS a Federal Courts matter. All are covered under the same Federal Laws. There is a specific set of Federal bankruptcy Courts. The divisions are known by names of the areas they service like "Federal Bankruptcy Court of Western New York" or "FBC of Iowa". Like all District courts, their case history and certain holdings vary slightly, and some items (like real Vs personal property), generally are held to follow the definitions for the local area. There is much on this site about Federal bankruptcy laws. Iowa opted out of federal bankruptcy the state's BK exemption laws apply. Many bankruptcy laws vary from state to state and debtor to debtor. See link for a listing of BK exemptions for the state. See discussion page for some additional explanation. Elections avail to Iowa residents filing in that Federal circuit: Eighth Circuit Court of Appeals Iowa Northern District Court Iowa Southern District Court Exemptions: A debtor is generally permitted an exemption of certain personal or real property in the enforcement of a judgment against him or in a bankruptcy proceeding under state laws or federal laws. Under the laws of Iowa, the homestead of every person is generally exempt from judicial sale. (Iowa Code Section 561.16.) Other general exemptions may include wearing apparel of the debtor and his dependents, household furniture and furnishings, automobile, burying ground, cash value in life insurance polices, pension, and public benefits. Each of the prescribed exemptions may be limited to certain amount in value. (Iowa Code Sections 627.1 et seq.) In a bankruptcy proceeding, although the federal statute permits election of exemptions provided under state laws or federal laws, the State of Iowa specifically precludes such election. (Iowa Code Section 627.10.) This means that a resident of Iowa may only claim exemption of such property and to the extent as permitted under Sections 627.1 et seq. of the Iowa Code even if the exemption provided under the federal Bankruptcy Code may be more beneficial to the debtor.
Can you include a judgment filed against you in a future bankruptcy?
Yes. A discharge will depend on whether the claim involved fraud.
How much federal taxes is withheld on income of 18000?
That totally depends on what you put on your W-4 for marital status and exemptions. Assuming that you are single, have no dependents, and choose to claim zero exemptions, $1,920 will be withheld from an annual gross of $18,000 in wages.
If you use the standard deduction can you claim personal exemptions?
No
How many exemptions can Diana and Henri claim on their joint return?
Married filing jointly one exemption for each taxpayer that is listed on the 1040 federal tax return would mean a total of 2 exemptions. 1 plus 1 equal 2.
What are debtor's exemptions?
Every person that files for bankruptcy or has a judgment awarded against them in a lawsuit is entitled to certain property exemptions. Exemptions are determined by the state law where the person resides. For homeowners the most important would be the homestead exemption which can be used to protect a home from a forced sale. Even if the home cannot be kept, the person can claim the maximum homestead amount allowable under state statutes.
How does the number of exemptions claimed affect the amount of taxes you will pay?
The number of exemptions that you claim affects the amount of taxes that you will pay by lowering them. That is if the exemptions are claimed when you file your taxes. The more exemptions that you claim on your paycheck, the more you money you receive in your pay each week, rather than having more in your tax refund.
How can you claim bankruptcy to avoid paying bills?
In order to claim bankruptcy a court has to issue a bankruptcy order against you. The best place to find information about bankruptcy and the whole process of declaring bankruptcy is the official government website.
