Can you list State and Federal debt or creditors on bankruptcy?

Answer 1

That would depend on the type of debt. Some taxes are not discharged in bankruptcy. Although it is not true that all state and federal taxes are immune to bankruptcy proceedings. Depending on the circumstances some are dishargeable.

Answer 2

You shoud list ALL of your debts and creditors. Chapter 7 does not cancel: -Secured debts. -Most income taxes incurred in the last three years. -All student loans, unless you qualify for a hardship discharge. -Child and spousal support. -Any money that you owe as a result of being sued for drunken driving. Your debts also will not be canceled if a creditor proves that you lied about how much money you have, tried to hide some of your property or committed fraud. You may choose to reaffirm a secured debt. This means that you decide to pay the debt and keep the security, even though Chapter 7 would otherwise cancel the debt. Chapter 13 cancels a broader range of debts, so you should consult with a qualified bankruptcy attorney before making any decisions.

Answer 3

No, there is no authorization for states to do so under the United States Code.

Municipalities are explicitly authorized to declare bankruptcy 11 U.S.C. 109:

"(C) An entity may be a debtor under chapter 9 of this title if and only if such entity-

(1) is a municipality;

(2) is specifically authorized, in its capacity as a municipality or by name, to be a debtor under such chapter by State law, or by a governmental officer or organization empowered by State law to authorize such entity to be a debtor under such chapter;

(3) is insolvent;

(4) desires to effect a plan to adjust such debts; and

(5) (A) has obtained the agreement of creditors holding at least a majority in amount of the claims of each class that such entity intends to impair under a plan in a case under such chapter;

(B) has negotiated in good faith with creditors and has failed to obtain the agreement of creditors holding at least a majority in amount of the claims of each class that such entity intends to impair under a plan in a case under such chapter;

(C) is unable to negotiate with creditors because such negotiation is impracticable; or

(D) reasonably believes that a creditor may attempt to obtain a transfer that is avoidable under section 547 of this title."

11 U.S.C. 101(40), in turn, defines municipality as a "political subdivision or public agency or instrumentality of a State."

Given that municipalities are explicitly authorized to declare bankruptcy and states aren't, a bankruptcy judge would most likely conclude that Congress intended not to make bankruptcy relief available to states.

Answer 4

i owe the state of Texas 25000 for my ex wifes afdc and foodstamps for a child that is not my child. I have tried to clear this up, but with no luck