Back taxes in Oklahoma bankruptcy are dischargeable but it must meet certain requirements. The requirements are strict and require a careful analysis by a top bankruptcy attorney that deals with back taxes in Oklahoma bankruptcy.
Types of Back Taxes in Oklahoma Bankruptcy:
Tax debts are either priority or non-priority. How they classify determines their treatment. A priority tax debt is not dischargeable, either in Chapter 7 or in Chapter 13. In a Chapter 7, they become immediately repayable after the discharge grants and the bankruptcy stay lifts. In Chapter 13, they count with any other priority debts and paid in full through the bankruptcy plan.
Non Priority Taxes in Oklahoma Bankruptcy:
A non-priority debt is like any other unsecure debt. In a Chapter 7, that means it is dischargeable. In a Chapter 13, the tax debt is paid alongside all the other unsecured debts through the plan, and any remaining balance post plan would be dischargeable.
For a tax debt to be non-priority, it must meet several strict conditions. First, it must be income tax. Second, it must have arisen at least three years before the bankruptcy was filed, and the return for that tax year must have been filed at least two years before the bankruptcy. Further, it must receive an assessment by the tax authority at least 240 days before the bankruptcy, or not assessed at all. Finally, there must not have been fraud or willful misconduct in the creation of the tax debt. If a tax meets all those criteria, it is non-priority. Unfortunately, this occurs very, very rarely.
Priority Taxes in Oklahoma Bankruptcy:
Because of this, for debtors with significant tax debt, a Chapter 13 bankruptcy, if feasible, may be a better course of action than a Chapter 7, even if they qualify for a Chapter 7. The first key is that the chapter 13 plan must pass the feasibility test and that’s for another post.
The reason for paying the taxes in a 13 are a few. That is because the bankruptcy plan takes precedence as a method of payment over whatever the tax authority may want. Therefore, a debtor would have the option of paying out the tax debt over the course of five years, at zero interest, rather than being forced to pay a lump sum, or enter into a payment plan that has an interest rate attached. Any debtor with significant income tax debt should consult with their bankruptcy attorney regarding the best course of action for dealing with tax debts.
Get a Free Consultation With a Tulsa County Bankruptcy Attorney:
If you’ve reached the end of your rope as it pertains to creditors we care and we can help. If you also have certain tax debt back taxes in Oklahoma Bankruptcy is forgiveable. Call our bankruptcy attorneys today and find out where you stand. Call 918-379-4864 and get the legal advice you need.
Tulsa Slip and Fall Injury Lawyers
Slip and fall accidents occur across the U.S., happening with more frequency in the winter months. Ice and snow lead to a number of Oklahoma accidents each winter. These accidents result in serious injuries, including traumatic brain injury, head injury, broken bones, spinal cord injury, and much more. For a free consultation with our Tulsa slip and fall injury lawyers call today.
After involvement in a slip and fall, many accident victims wonder what their legal options are. The key issue involved in any slip and fall accident claim is liability. Whether you are pursuing an insurance settlement or a personal injury action, you will need to prove that the property owner or lessor is liable for your injuries stemming from the slip and fall.
Further, any analysis of liability will involve first assessing who the potentially liable parties are. This will usually include the property owner, but may also include the person or company leasing the property or multiple property owners. The next consideration is the negligence of the parties. A proper analysis will also predict the potential defenses against your claim and whether you, the injured party, contributed to the accident in any way.
Liability in Slip and Fall Cases:
Typically, in order to succeed with your slip and fall injury action, you must prove one of the following:
- The property owner, or an employee, should have recognized a dangerous condition, such as spilled liquid on the floor or a pothole, and repaired or removed the hazard. The property owner or employee did not take corrective action. The court will also consider whether a reasonable person would have identified the condition as a hazard and whether the property owner had ample opportunity to remedy the condition prior to the accident.
- The property owner, or employee, caused a dangerous condition that lead to the slip and fall. This may include, for instance, spilling water or leaving an obstacle in the way. It also must be reasonably foreseeable that a slip and fall could result from the condition created.
Reasonableness is an important term in any slip and fall case. As a result, a court will consider whether the property owner acted as a reasonably prudent person would have under similar circumstances. In measuring reasonableness, the court will consider:
- How long did the condition exist? Did the property owner have time to remedy the condition?
- Did the property owner regularly check the property for hazards? Was a log kept documenting findings?
- Was the property well light? Did poor visibility play a role in the accident?
- Was there some sort of valid justification for the hazard?
- Could the condition have been made less hazardous through preventative measures, such as the use of warning signs?
Winning a slip and fall case is never easy, but with the assistance of an experienced personal injury attorney you can mount a strong case to obtain the compensation you deserve.
Get A Free Consultation With Tulsa Slip and Fall Injury Lawyers:
Slip and fall accidents occur across the U.S. in a variety of locations, from grocery stores and restaurants to malls, parking lots, and workplaces. Slip and fall accidents can result in serious injuries and even death. The financial toll of these accidents is often catastrophic, including mountains of medical bills, lost wages, pain and suffering, and more. If you have been injured in a slip and fall, the Tulsa slip and fall injury lawyers at Tulsa County Lawyers Group can help. We aggressively seek the following damages for our injured clients: medical bills, lost wages, pain and suffering, and more. Call the personal injury attorneys at Tulsa County Lawyers Group today at 918-379-4864 to schedule your free consultation.
Tulsa Work Injury Lawyers
Our clients often ask us “How much will attorney fees costs for their workers’ compensation claim?” Fortunately workers’ compensation statutes set out Oklahoma workers compensation attorney fees. However, the important thing for injured workers to understand is that the cost of an attorney in an workers compensation case is contingent. This means that the attorney only collects money if you get money for your case.
If you or a loved one has been injured on the job, contact us for a consultation. Our attorney can help you get the compensation you deserve. We have years of experience in negotiating with insurance companies on behalf of our clients. Rest assured that reasonable fees will also be charged in relation to the degree of representation at our law practice. Read on to learn more about Oklahoma workers compensation attorney fees.
Workers’ Compensation Attorney Fees Overview:
The initial consultation with our Tulsa work injury attorney is free. Further, we usually file our client’s claim without charging them a fee. If a lawyer charges an outrageous fee to file your initial claim, this is a red flag to consider alternative representation. Once acceptance of your claim occurs, you should start to receive benefits. However, if your claim is contested, or your insurance benefits are denied, our attorneys can advocate on your behalf to help you obtain the compensation you deserve.
We will contact your employer and their insurance carrier to get your disability benefits. If they continue to deny your claim we’ll set it for trial. Once set for trial we provide both medical and oral evidence supporting your case. This trail costs you nothing. Remember we don’t get money if you don’t get money.
Disability in Workers Compensation Cases:
Oklahoma State law provides a set standard of the maximum compensation an attorney may collect for legal representation pertaining to workers’ compensation judgments. Thus, an attorney can collect up to a maximum of 10% of any award for a contested temporary disability claim, and 20% of any award for permanent disability or contested death case. All attorney fees are subject to court approval though which means fees are not an automatic grant. In addition, you might pay settlement and trial related expenses depending on the nature of your case. In certain situations, the court may deem the denial of benefits as unreasonable. If this occurs, your award may also include the attorney fee.
Most workers’ compensation cases end in some sort of settlement. Certain factors will affect the settling of your case such as the extent of your injuries and whether they are temporary or permanent.
Our attorney will not take a portion of your regular benefit. Furthermore, our attorneys have the proper resources to handle your claim without accepting a large upfront fee.
Free Consultation About Oklahoma Workers Compensation Attorney Fees:
Our Tulsa County workers’ compensation attorneys assist you by obtaining the compensation you deserve for your workplace related injury or disease. We invite you to contact us for a consultation. Call or email us today to set-up your free consultation. Our work injury attorneys typically do not charge fees if your case is unsuccessful. Do not settle your case without first consulting with an attorney. If retained, our attorney can help you calculate the amount you will need as compensation for your bodily injuries. This also includes all your medical, temporary disability and other out of pocket expenses. Remember, your employer will be represented by an attorney. Hence, you deserve representation as well. Most importantly, do not let attorney fees stand in the way of you obtaining the compensation you deserve to treat your medical injuries.
Getting a divorce and filing for bankruptcy are two very important life decisions. They can be confusing without the assistance of a Tulsa divorce and bankruptcy attorney. If you are contemplating bankruptcy and you have a pending divorce, or if you have an active bankruptcy proceeding and are contemplating divorce, you need to be aware of all consequences that may result if you file for bankruptcy or divorce. The consequences may significantly differ depending on whether you and your spouse choose to file for bankruptcy prior to finalizing a divorce, or divorcing first and filing for bankruptcy as single individuals following divorce.
Filing for Oklahoma Bankruptcy First:
If you and your spouse choose to file for bankruptcy before filing for divorce, you will be able to eliminate your debt in a more economical way. For example, the filing fees for a joint and individual bankruptcy filing are the same, so filing jointly with your spouse before divorce will prevent each of you from having to pay the same fee on your own if you file for bankruptcy after your divorce.
Further, filing for bankruptcy prior to divorce will allow both spouses to handle their debt collectively. If spouses wish to resolve their bankruptcy matter as quickly as possible so that they can then finalize their divorce, Chapter 7 bankruptcy may be the better option if they qualify, as Chapter 7 bankruptcy is completed much sooner than Chapter 13 bankruptcy. As such, spouses choosing to file for bankruptcy first may have to wait four or more years before their bankruptcy proceeding completes and all debt discharges if they do not qualify for Chapter 7 bankruptcy.
Filing for Divorce First:
Spouses wishing to resolve their marital disputes prior to Oklahoma divorce may find that it is in both spouses’ best interests to handle their debt-related issues individually after finalizing their divorce. By filing for divorce first, spouses will know the actual amount of debt they face. They will also know what assets each of them has after dividing their property. It may turn out that some property can sell to satisfy debt without the need to file for bankruptcy. Otherwise, each spouse will have a better understanding of his or her own debt when filing bankruptcy following divorce.
If two spouses feel separation is more important than filing debt jointly, filing for divorce first is better. There are both benefits and drawbacks to approaching bankruptcy and divorce from opposite ends. Regardless of whether spouses file for bankruptcy or divorce first, the potential overlap could create a complex and stressful situation.
Working With a Divorce and Bankruptcy Attorney:
Whether you choose to file for bankruptcy first or divorce first, you must consider how your attorney’s role change. If you choose to jointly file for bankruptcy prior to divorce, then one attorney may represent both of you. However, if you divorce first, and then file for bankruptcy, or file for divorce before your bankruptcy proceeding is complete, there may be a conflict of interest. Thus, one attorney will not be able to represent both of you.
If you are contemplating both divorce and bankruptcy, it is a good idea to seek the advice of an attorney. An attorney dealing with divorce and bankruptcy matters has an understanding of both processes and their effects on each other. Given that conflict generally occurs between two divorcing spouses, each spouse should meet with his or her own attorney. This ensures protection of both spouses’ rights and interests.
Contact a Tulsa Divorce and Bankruptcy Attorney Today
If you are facing a divorce and may need to file a bankruptcy call our attorneys today. Sometimes filing them both is the better solution depending on your particular case. Call our Tulsa divorce and bankruptcy attorney today for a free consultation.