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Bank Accounts Gone Taken by NY State question?

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    Bank Accounts Gone Taken by NY State question?

    I am not having a good week to say the very least!

    Last week I found out that my HOA was taking me to court to Forclose on my house. The kids took my mail and shoved it in a drawer, I found out about the hearing 2 days after the court date.

    I called my Lawyer, he checked up on it and the Lawyer for the HOA did not show up in court either, b/c the other Lawyer had a confusion with the date. I guess I am lucky for that.

    I moved from NY to Florida 3 1/2 yrs ago. NY state claims I did not file State Taxes in 2003 & 2004. I did file! I don't have my tax returns, I don't have the computer they were done on any more and I don'[t have a paper copy.

    I do have a cancelled check for 2003 NY State Tax, that they did cash. Why would I have a cancelled check if I did not file lol!

    They took a Judgement on me. I did not know that they could do that.

    They took all my money, from my checking and savings, (they did not get the 100.00 in 2 new accounts I opened a few days before this happened). Now I have nothing. They even took my child's money b/c my name was on the account. My Lawyer said my child will be able to get her $ back. B/C we can prove that the money is not mine.


    Nothing happened to those 2 new accounts and by the end of next week my chapter 13 will be filed.

    It looks like I will have to surrender my home. I owe 24,000 in arrears on my mortgage, 7000.00 in HOA fees. 1600.00 to the IRS (they did not get a judgement yet). ( I pulled a 401k and I never got a 1099 for the income and now they say I owe them 1600.00 b/c I did not include it when I filed), 20,000 in c/c debt and 4000.00 to NY State Tax.

    I am flat broke. My husband is working in NY and staying at my mothers house to try to earn some fast $.

    Can anyone give me some advice on if I should be doing a Chapter 13, or Chapter 7.

    I am soooo depressed at this point!

    I am concerned about the taxes. If I do a Chapter 7, does that mean that the IRS & NY State will take away all my $ again?

    I need $ to try to rent a place or my family will end up homeless.

    I know the lawyer gets more money for a Chapter 13. The only assets we have are a 2009 van with 190,000 miles on it and a Mini Van 2002, with 130,000 miles on it. Both vehicles are in poor condition. We are afraid that if we file a chapter 7 the Trustee will take our cars away and we won't be able to work. My older daughter is 17, starting College in August. We will be 3 drivers with only 2 cars. (Or no cars for that matter if the Trustee takes them away from us). We don't have the $ to buy them back! Without transportation we will be homeless.

    Any advice would be helpful! I am also worried b/c now that all my $ has been taken away, I was wondering if anyone knows approximately, how long I have until I have to be out of my house? After the BK? I live in Florida.

    It's funny. All my life I have always wanted to live in Florida. My life dream has turned into my worst nightmare.

    Family of 4, income 30,000, however, I was going to do a chapter 13, because of my cars and tax trouble.

    I would really be grateful for any advice!

    I have made so many mistakes already!
    Thanks for reading my post!
    Last edited by jtallerie; 06-12-2010, 05:43 PM. Reason: typo

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