• Stopping Federal Tax Intercept & Keeping Your Tax Refund

    Federal Tax Intercept occurs when the Internal Revenue Service takes (intercepts) a tax refund you think you are getting in order to pay off government debt.  Federal Student Loans are one such qualifying government debt that can lead to a tax intercept. Often, the IRS will not notify you in advance of the intent to have your tax refund intercepted. You typically find out the hard way when you realize you did not receive your tax refund. Most often, you have received several notices from collection agencies or loan servicers well in advance which may include a warning that a tax intercept is possible.

    How Do I Stop A Federal Tax Intercept?

    Stopping a Federal Tax Intercept is not easy, but it can be done. The first thing is to get ahead of it by taking action before filing your tax returns. Most often, it requires preparation of several documents, which can be confusing. A trained Student Loan Lawyer like Benjamin Brand can create a strategy with you, prepare and file the necessary documents. Consolidating loans, performing rehabilitation or changing your current arrangement to an Income Driven Repayment plan before things get bad can help to avoid or resolve the default before the federal tax intercept scenario can occur. Some variables that come into consideration when preparing a strategy include:

    • Marital Status
    • Child Support and Alimony
    • Income type and source

    Does My Spouse Lose Tax Refunds as Well?

    Not necessarily. It depends on the filing status with your spouse. If you file jointly, your spouse has generated enough income that part of the tax refund is theirs and you incur a Federal Tax Intercept, your spouse does have an option.  Your spouse can file the Injured Spouse form with the Internal Revenue Service and receive a refund in a proportional amount your tax return justifies as their portion of the refund.  This is somewhat discretionary on the part of the IRS as it does not have to agree with the amount you feel your spouse is due. However, the IRS is most likely to go with the refund amounts calculated directly from the tax return. If you do not file joint tax returns, your spouse will most likely not have their tax refund intercepted due to your federal student loan default.

  • Do You Have Federal Student Loans in Bankruptcy in Chicago?

    Federal Student Loans are not the same as other debts when in bankruptcy.  In fact, if you are considering Chapter 13 bankruptcy in Chicago, there are ways to have your federal student loan payments count towards IDR. Do you know how to negotiate this? At Benjamin Brand attorney in Chicago, they do. Ask them about your IDR payment and how to get on an Income Driven Plan if you are not already on one. These plans can lower your monthly payment and lead to alleviating you of any remaining balance after 20, 25 or 30 years depending on your scenario.

    How low can my payment be while in bankruptcy

    Federal Student Loans can be modified in bankruptcy in Chicago to be as low as $0 or to take priority discriminately meaning that more money goes towards them lowering your payment to credit cards and other debtors so you get more benefit for the federal student loan. This requires modifying the payment schedule you submit with your Chapter 13 bankruptcy through your attorney in Chicago and completing the necessary documents as needed. This is important because your federal student loan is not discharged in bankruptcy and you want your payments during bankruptcy to count towards the final payment requirement. Since your bankruptcy can take up to 5 years, you don’t want that period of time to be disqualified.

    This does not mean your Federal Student Loan can get all the money in the plan instead of other debtors while in a Chapter 13 bankruptcy, but bankruptcy in Chicago can account for this disproportionate payment if you use the right bankruptcy expert. Benjamin Brand is one of the rare attorney in Chicago that can do this for you. They know the process and techniques to get your IDR payment to count and have the payment adjusted to be acceptable to the courts. This process is not just about submitting your financial plan but proper negotiation with the trustee.

    What is a Trustee

    A Trustee is important to the Chapter 13 bankruptcy in Chicago as they are a court-appointed representative who has decision making power to keep the bankruptcy plan fair for all involved.  Being able to negotiate with the trustee takes talent and experience as well as an understanding of how everything in bankruptcy relates. A good attorney in Chicago knows this and can maneuver to get you the best financial options in bankruptcy.

    Chapter 13 Bankruptcy in Chicago

    When filing for bankruptcy in Chicago, you want to make sure you are in Chapter 13 in order to take advantage of the federal student loan payment plan options.  A chapter 7 bankruptcy offers you little protection or advantage towards your federal student loan.