Timothy J Wilson Law Offices

Attorneys, Accident & Property Damage Attorneys, Automobile Accident Attorneys

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Timothy J Wilson Law Offices

Child Support
Debts that are dischargeable include credit card debts, medical bills, personal loans, most lawsuit judgments and other debts. Debts that are NOT dischargeable include child support and spousal maintenance (alimony), criminal fines and restitution, tickets (however, most tickets can be discharged in a chapter 13 case), IRS tax debts for the past three tax years (older tax debts may be discharged if the taxes meet certain requirements), student loan debt unless the debtor can establish an "undue hardship" by filing a separate lawsuit within the bankruptcy case, debts incurred to pay for nondischargeable taxes, debt incurred by fraud, and debts from injury or death while driving while intoxicated.

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Law Office Of Tim Wilson

Law Offices of Timothy J. Wilson

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https://www.timwilsonlaw-bankruptcy.com/contact-us

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Attorneys, Accident & Property Damage Attorneys, Automobile Accident Attorneys, Bankruptcy Law Attorneys, Bankruptcy Services, Child Custody Attorneys, Criminal Law Attorneys, Family Law Attorneys, Malpractice Law Attorneys, Medical Malpractice Attorneys, Personal Injury Law Attorneys, Traffic Law Attorneys

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Phone: (253) 874-5826

Address: 402 S 333rd St, Federal Way, WA 98003

Website: https://www.timwilsonlaw-bankruptcy.com/contact-us

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Timothy J Wilson Law Offices

Child Support
Debts that are dischargeable include credit card debts, medical bills, personal loans, most lawsuit judgments and other debts. Debts that are NOT dischargeable include child support and spousal maintenance (alimony), criminal fines and restitution, tickets (however, most tickets can be discharged in a chapter 13 case), IRS tax debts for the past three tax years (older tax debts may be discharged if the taxes meet certain requirements), student loan debt unless the debtor can establish an "undue hardship" by filing a separate lawsuit within the bankruptcy case, debts incurred to pay for nondischargeable taxes, debt incurred by fraud, and debts from injury or death while driving while intoxicated.
Spousal Support

Traffic Violations
When I consult with a potential or actual client about a wage garnishment, I am looking into several issues. How much is the debt? If the potential client owes only a few thousand dollars on a judgment, I am going to recommend against filing for bankruptcy. Is the debt dischargeable in a bankruptcy (meaning will my client no longer be legally responsible for such debt)? For instance, if my client has their wages garnished by a creditor for traffic infractions, a chapter 7 bankruptcy will temporarily stop the garnishment but he debt will not be discharged and the creditor will resume garnishment after the completion of the case. In this situation, a chapter 13 case may be a better option since non-criminal traffic tickets are dischargeable in a chapter 13 case. I am also going to determine whether the garnished wages can be recovered and paid to my client under the particular circumstances. If the creditor ignores the bankruptcy automatic stay or refuses to return garnished wages (which occasionally happens), it may be necessary to file a motion or lawsuit (known as an adversary proceeding) against the creditor.
Fraud

Personal Injury
Assets that that are less obvious but which also must be disclosed when the case is filed include a personal injury claim or other claim, even if you haven’t hired a lawyer yet or taken any action in making a claim, and even if you are not sure if you will even pursue the claim. If you fail to list a potential claim, there can be serious consequences. When you pursue the claim, the at fault party’s insurance company can seek to dismiss the case on the basis that you failed to list the claim in the bankruptcy schedules, essentially arguing that you are taking inconsistent positions, on the hand pursuing the claim in a state court lawsuit and on the other hand not listing the claim in the bankruptcy schedules. Failing to list the claim can also cause the US Trustee’s office to seek to vacate the Order of Discharge, and criminal charges for bankruptcy fraud may also be possible. All claims need to be disclosed to your Tacoma bankruptcy exemptions lawyer, such as motor vehicle personal injury claims, slip and falls, medical malpractice, medical device and any other claims.
Medical Malpractice
It is absolutely necessary that the debtor disclose all important information in the bankruptcy schedules filed with the court. For instance, all debt must be disclosed. All assets must also be disclosed, which includes real property, vehicles, recreational vehicles, boats, bank accounts, stocks and other financial accounts, household items, electronics, etc. Bankruptcy law also requires that debtors disclose any potential claims such as a motor vehicle collision injury claim, slip and fall, medical malpractice, medical device or other claim regardless whether the debtor has filed a lawsuit, hired a lawyer or taken any action in pursuing the potential claim. If the debtor fails to disclose the claim in the bankruptcy, the defendant in a future lawsuit can seek dismissal of the claim on the basis that it was not disclosed in the bankruptcy case. The debtor may also lose the bankruptcy discharge for failing to disclose the claim as an asset in the bankruptcy.
Auto Accidents
Slip and Fall Injury
An individual files a Chapter 7 bankruptcy to obtain an Order of Discharge. The discharge order is entered approximately three and half months after the case filing. There is one court appearance, known as the 341 Meeting of Creditors. At this meeting creditors can appear to ask questions, though it is rare for a creditor to appear. The bankruptcy trustee will be present to ask at least few questions. The basic questions include whether the debtor has read and signed the documents prior to the case filing, whether the debtor has filed a bankruptcy previously, whether the debtor has listed all of his or her assets and debts, income and expenses, transfers of assets within the past two years and any payments to friends of family members in the past year. The trustee may ask additional questions, particularly if the debtor owns real property, owns a business, has a claim against a third party (such as a car collision, slip and fall injury or other claim), or other issues. After the 341 Meeting of Creditors, the trustee or creditors have 60 days in which to object to the debtor obtaining a discharge or concerning a particular debt.

Bankruptcy
The Law Office of Timothy J Wilson represents clients in Chapter 7 and Chapter 13 bankruptcy cases with offices located in Tacoma, Puyallup and Bremerton, Washington. Due to the COVID, attorney Tim Wilson is also available for consultations by telephone or video conference. The office is flexible to meet clients’ needs and we can prepare the documents in person or remotely. The bankruptcy court is operating during this time, with court hearings being conducted by telephone.
Foreclosure
If you fall behind on mortgage payments, I strongly recommend that you consult an attorney regarding whether to file for relief under chapter 13 of the bankruptcy code. The filing of the bankruptcy triggers an automatic stay which prevents your creditors from taking any collection action against you or your property, including stopping phone calls and letters demanding payment, lawsuits, garnishments, repossession and other collection activity. The automatic stay also stops a foreclosure action.

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