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Penalties Incurred from a DUI Conviction Are Not Dischargeable in a Bankruptcy Filing

Penalties Incurred from a DUI Conviction Are Not Dischargeable in a Bankruptcy Filing

Interviewer: Are there any other obligations that can’t be discharged in a bankruptcy filing?

Tanya: Penalties for a drunk driving conviction are not dischargeable in bankruptcy. In addition to the penalties for drunk driving, wages that you owe to employees, criminal restitutions, and similar obligations are not dischargeable.

It Is Beneficial to Pay Back Taxes through a Bankruptcy Filing Rather than Separately

As I mentioned about taxes, some are simply not dischargeable. However, I’ve handled some very significant cases with tax debt from the State of New Jersey and the IRS. It is a little known fact that when you pay your taxes through a bankruptcy as opposed to outside the bankruptcy, you receive many benefits. You can really attain a good deal of resolution that way.

What Are Your Back Taxes? Attorney Helfand Has Created a Unique Service of Negotiating with Both the IRS and the State Government to Help Reduce Clients’ Taxes through Their Bankruptcy Filings

First of all, you can parse out certain obligations you do have to pay versus ones you don’t have to pay. It is as if you are negotiating with the IRS or the state government with the taxes and you can all agree upon a payment plan.

For example in the Chapter 13 or the Chapter 11 filing, I came upon this idea to resolve the tax issue. I had a recent tax issue where the clients actually owed about $120,000 of taxes. They had a business and so the balance was comprised of both commercial and personal taxes. I was able to reduce the amount to about $60,000 and they are on a payment plan to satisfy the $60,000 over five years.

I accomplished this by working with the government. I bargained with the government. My clients cooperated fully and had to submit all the required information and the end result was we arrived at a satisfactory resolution for all involved parties. It’s a good method if you have a lot of tax problems.

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  • "Without Tanya and her time, the really unpleasant experience of getting divorced would have been even worse. They were able to settle the matter very quickly and helped me fit this into my tight schedule allowing me to leave to move abroad for my dissertation research on time without having to delay the trip because of the divorce. They also did all of it within my very tight budget. Thank you so much for your help and dedication to my legal matter!"  - AG

  • "Tanya and her Associates are outstanding! What I admire most about Tanya is her knowledge of the law with her keen negotiation skills to foster mediation. Her strategies efficiently resolve conflict leading to the resolution of cases. She and her team have an outstanding work ethic, know what data are needed, and get the job done. It is a pleasure to work with such wonderful professionals."  - Tara, Whippany

  • "I found Ms. Helfand's knowledge and tenacity most reassuring during the ordeal of my divorce. She was steadfast in her guidance and was very effective in her negotiations on my behalf. I would recommend her without a second thought. "  -Jonathan

  • "Ms. Helfand was very professional and helpful with our bankruptcy case. Her advice was very useful and helped us make the proper decisions for our situation. In addition, she was very supportive during a very difficult time for us. Finally, she set very specific fee expectations and there were no surprises when it was completed. I would use her services again and would recommend her, without question."

  • "She is Incredible, very quick responding to the other party. Very professional and courteous. I highly recommend her. She has a great passion and love for every single case."

  • "Tanya and her team were very professional handling my divorce proceedings. She was very proactive in making the other attorney finally get the process moving forward. I would recommend her to anyone looking for legal services. "  -Scott

  • "Ms. Helfand strategized & processed, both, my Divorce & Chapter 13 Bankruptcy. As both cases were emotionally and legally challenging, Ms. Helfand proved to be an empowering Mentor along the path to clarity for which I am truly grateful. I highly recommend her legal expertise to anyone who is seeking a confident, savvy & caring attorney to become at peace with self and any legal matters."  -Vas

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