Sheppard Law Offices, Co., L.P.A.

You should contact a tax attorney so that he or she can contact the IRS immediately to find out what steps must be taken in order to have the funds returned to you. Your tax attorney can help lift this burden on you by finding out from the IRS what is needed in order for you to be compliant and assisting you in resolving your tax problems. The IRS will work with your tax attorney to establish a reasonable payment plan.

In Chapter 7 cases, attorney fees typically range from $500 to $1,500. At Sheppard Law Offices, our base attorney fees are $750 for individual filers and $800 for joint filers. In Chapter 13 cases, attorney fees typically range from $3,500 to $4,000. At Sheppard Law Offices, we include most of the attorney fees into your Chapter 13 Plan. Payments plans are available through our office.

Your bankruptcy lawyer will need the following documentation: 1. past 6 full months of income from all sources; 2. past 2 years of income tax returns; 3. past 3 months of bank statements; 4. copy of real estate deed(s); 5. copy of mortgage(s); 6. copy of recent mortgage statement; 7. copy of vehicle title(s) and/or memorandum(s) of title; 8. copy of declaration page for private life insurance; 9. copy of divorce decree, separation agreement, and/or child support history statement; 10. a personal monthly budget; and 11. a list of creditors to cross-check against your credit reports.

Your Chapter 7 bankruptcy will take about 5 months to complete from the date your case is filed. Your chapter 13 case will be open for 3 to 5 years depending on your particular situation. In both types of bankruptcy cases, you will know that you have successfully completed your bankruptcy when you receive your Order of Discharge in the mail from the bankruptcy court.

In most cases, you can keep your house and vehicle(s) in both Chapter 7 and Chapter 13 bankruptcies. Your bankruptcy lawyer should review with you how your assets are affected by filing either type of bankruptcy. In Ohio, state law exemptions, such as the homestead exemption and the vehicle exemption, are used to help you protect equity in your assets.

When you file for bankruptcy the lawsuit against you will be listed in your bankruptcy schedules. Your bankruptcy lawyer should also file a Suggestion of Stay with that court to temporarily put that lawsuit on hold. The automatic stay provision of the U.S. Bankruptcy Code prevents a creditor from suing or collecting against you while you are in bankruptcy.

Bankruptcy will stop a wage garnishment that is about to occur or one that is presently in effect. In the slight chance that your wages are garnished after you file bankruptcy, the creditor will return those funds. The automatic stay provision of the U.S. Bankruptcy Code also protects a vehicle from repossession.

You are eligible for bankruptcy if you satisfy certain requirements. First, you must not have filed a prior bankruptcy within a certain period of time before filing the present bankruptcy case. Second, you must complete a pre-filing credit counseling course within 180 days before filing your bankruptcy. Lastly, in Chapter 7 cases, you must pass the Means Test. The Means Test is a calculation whereby if your annualized household income satisfies an income threshold amount based upon the size of your household, you are permitted to file a Chapter 7.

The type of legal and/or tax service you need determines your costs. Attorney fees are either charged on a fixed fee basis or on an hourly rate. Your tax lawyer should discuss with you the service(s) to be rendered and what is financially expected of you to complete those services. This information should be documented in a written fee agreement that is presented to you early in the attorney-client relationship.

You should contact an experienced tax lawyer to understand your rights and responsibilities. Communication with the IRS should be made as soon as possible by your tax representative in order to prevent any collection efforts by the IRS. You should provide all correspondence you receive from the IRS to your tax attorney. The last thing you should do is procrastinate or do nothing at all.

Your first step is to understand what specific back taxes you owe. A complete compliance check is usually necessary. Next, you should take action to become compliant with the IRS. Lastly, you will need to establish a reasonable plan of resolution, which may include an Offer in Compromise, an Installment Agreement, selling or liquidating assets on your terms, or seeking Non-Collectible Status. Your tax lawyer should discuss with you viable alternatives to help you settle your tax issues.

At Sheppard Law Offices, we help you by preparing your delinquent tax returns. Your tax lawyer can request an extension of time in order for you to become compliant. You will need to gather relevant documentation for your tax preparer.

You should contact an experienced tax lawyer as soon as possible. You should allow your tax attorney to communicate directly with the Tax Examiner. You should be polite to the Tax Examiner and inform him or her that you wish for your tax lawyer to handle this matter for you. You should avoid providing any written or verbal information to the IRS without first contacting your tax attorney.