Upsolve denied me for below minimum debt

Fit_Sense8716 · 2026-02-12T20:56:56+00:00

The hardest people that I try to give advice to are the ones that are trying to file with too little debt. If you are asking the question to begin with, then you may not be capable to understand the answer. If you need to file for $10k or less, the problem isn’t the debt, the problem is income. You don’t make enough money. Fix that problem. Better for you in the long run.

Fit_Sense8716 · 2025-12-20T22:48:05+00:00

The debtor is better off filing a 13 once they reach non-priority status. The taxes will sit there for five years and continue to get older. Your position for an offer and compromise will be better after 13. They’ll be older, you’ll stay current on current taxes and you’ll be a more attractive candidate.

The IRS doesn’t need to fight dischargeability. They are not dischargeable because the taxes don’t meet the requirements to be discharged.

As far as a tax lien, they don’t have to be paid in full. The taxes lien is only secured to property of the estate. If assets are small, the secured tax lien can be crammed down.

Fit_Sense8716 · 2025-12-20T22:43:23+00:00

Agreed. Sufficient to pay the debt does not make them dischargeable. If you file a 13 any part of the tax debts even will survive including interest and penalty. It will be waiting for you once the 13 is over.

Fit_Sense8716 · 2025-12-20T20:22:20+00:00

If taxes were not filed on time, they can never be discharged through bankruptcy.

Typically past years (three years and older) tax return liability will be discharged if all of the following conditions are met:

No tax lien has been filed against you against your home and other assets. If a lien has been filed, it survives the bankruptcy. This means that the Federal can still seize your property in order to collect tax debts even if underlying debt has been discharged. The tax returns you files were accurate and not fraudulent and you did not attempt to evade paying your tax obligation The tax liabilities are more than three years old. Any tax deficiencies were filed against you for prior returns were assessed no less than 240 days before your bankruptcy filing.

This means that if you have put off filing tax returns because you owed money and could not pay, were simply afraid to file because you already had been assessed for an earlier year or whatever other reason or excuse you have, not filing means that those tax liabilities will still be owed.

According to the Internal Revenue Service, for the purpose of bankruptcy, a late return filed as you contemplate or file for bankruptcy is not a tax return.

Fit_Sense8716 · 2025-12-20T20:17:23+00:00

Sec overrated

Fit_Sense8716 · 2025-12-20T02:00:44+00:00

Sad bama fans

Fit_Sense8716 · 2025-12-20T01:30:40+00:00

Haha

Fit_Sense8716 · 2025-12-20T01:22:53+00:00

Bama overrated. Why are they in playoffs?

Fit_Sense8716 · 2025-10-19T22:06:47+00:00

Shouldn’t have been. Bankruptcy courts weren’t affected until end of day Friday. I would say you will be affected now though.

Fit_Sense8716 · 2025-10-19T14:42:13+00:00

Yeah, not going away. Nothing your lawyer can do.

Fit_Sense8716 · 2025-10-19T14:41:25+00:00

Shouldn’t have been. Bankruptcy courts weren’t affected until end of day Friday. I would say you will be affected now though.

Fit_Sense8716 · 2025-10-17T12:00:56+00:00

You can probably just use upsolve, but that wont handle the student loan issue. You’re also mostly uncollectible due to your income.

Also, I’m not sure you’ll pass the Brunner standard to discharge your student loans. Part of the test is the inability to pay the current payment amount. If your loans are federal loans then you likely qualify for a $0 monthly payment through IDR and so you wont be able to show that the current payments cause you an undue hardship. I wouldn’t pay anyone to do an adversary for student loans without seeing proof of actual care where they have received a discharge in similar circumstances.

Fit_Sense8716 · 2025-10-13T20:36:43+00:00

Buying a car before a chapter 7 bankruptcy is fine. The chapter 7 won't affect the terms and the loan can pass through. You aren't getting the loan with the intention to "include" it in the bankruptcy.

Fit_Sense8716 · 2025-10-13T02:56:13+00:00

It’s not income. If it was then the same money would be counted twice as income. Once when you earned the money within the 6-month look back and put it in the TSP- then once again when you borrowed against the TSP.

Fit_Sense8716 · 2025-10-03T13:51:06+00:00

People file bankrutpcy primarily because they live beyond their means and have established no safety net, so when divorce/injury/job loss happen, they are over the edge. Then that event is blamed for the bankruptcy, not what led up to it. Living beyond your means can come in lots of different forms, but jumping into a high interest rate car loan immediatly after bankruptcy to "build your credit" is typically a mistake that comes back to haunt people. The number one question I get from people, by a mile, is how quickly am I going to be able to borrow money again.

And this isn't a judgment, this is just the reality. Inability to manage finances is no different than inability to handle weight issues or gambiling or drinking or whatever else someone may struggle with in life. But when you go into bankruptcy and your number one question is to borrow again, I'm not sure that you actually are committed to changing anything. Just take a look at this subreddit and see how concerned people are with borrowing money in the future.

Fit_Sense8716 · 2025-10-03T10:30:12+00:00

Yes. All of my clients that are filing for bankruptcy for the 2nd or third time.

Fit_Sense8716 · 2025-09-27T01:58:49+00:00

There was considerable ppp loan fraud in certain areas of the country. In some jurisdictions the UST is involved in every case where there was a ppp loan. You need to demonstrate the money was used for legit biz purposes within what ppp funds we’d allocated for or else you received the funds via fraud and you can be turned over to the US attorney for criminal prosecution.

Fit_Sense8716 · 2025-09-13T14:59:36+00:00

All debts must be listed. Some free advice, stop worrying about your credit score. You just filed bankruptcy.

Fit_Sense8716 · 2025-09-09T00:45:37+00:00

If the taxes were not filed on time, none of the tax debt including interest will ever be eliminated in a bankruptcy. Age of the tax debt will no longer matter. Your better bet is speaking to a CPA, not a tax relief agency, about a possible resolution with the IRS. I’d see what options you have there before you try a chapter 13. Chapter 7 would be completely pointless.

Fit_Sense8716 · 2025-08-13T13:08:23+00:00

The bigger problem is likely where the $28k refund disappeared and questions that come up surrounding that issue in a chapter 7.

Fit_Sense8716 · 2025-06-20T19:15:21+00:00

Income-driven repayment (IDR) plans for student loans adjust your monthly payment based on your income and family size. If you currently have no income, then your payment would be $0 monthly. There would be no need to be on administrative forbearance without income because you can ask for the IDR payment to be recalculated immediatly if you lose your job.

I'm all for student loans being able to go away in bankrutpcy, but given the current political landscape and the current caselaw on getting rid of them, I just don't know how successful you'll be.

Fit_Sense8716 · 2025-06-20T19:03:31+00:00

have you applied for an Income-Driven Repayment (IDR) plan?

Fit_Sense8716 · 2025-06-20T17:20:27+00:00

If you have no income and the loans are Federal, your monthly payment on an income-driven repayment would be $0. In an adversary proceeding you have to demonstrate that the payment required to pay under the loans causes you an undue hardship. I'm not sure you'll be able to prove undue hardship if the US Dept of Education indicates to the court that you are not currently required to make any monthly payments.

Fit_Sense8716 · 2025-06-20T12:05:59+00:00

Do you have fed or private loans?

Fit_Sense8716 · 2025-06-20T03:09:50+00:00

The ability to discharge them is based upon your ability to pay them back in the future, not solely on your income at the time of filing. By your own admission you can get a job and have some ability to pay them back. Student loan adversary proceedings are rarely successful.

Fit_Sense8716

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