Fifteen month ago I paid our city, county and school property taxes
with our Sears Mastercard using those handy, dandy checks they sent to
us. IF we file Chapter 7, will we need to come up with the 3K to pay
Sears Mastercard back for those taxes?

Maybe. There have been some cases stating that using a credit
card to pay taxes turns what would otherwise be a dischargeable
debt into a priority, nondischargeable one.

Speak with your attorney to see if this is the case in your
jurisdiction. You should also note that Sears must file a motion
with the Court to have its debt declared nondischargeable. For
$3,000, it may not be worth it to them.

--
Brett

************************************************** ***************
* Personal Injury/Malpractice Bankruptcy *
* *
* BRETT WEISS, P.C. *
* Attorneys at Law *
* Maryland, D.C. and Federal Bars *
* lawyer@erols.com *
* http://www.erols.com/lawyer *
* *
* Small Business Estates & Estate Planning *
************************************************** ***************

The Small Print: This response is for discussion purposes only.
It isn't meant to be legal advice and you shouldn't treat it as
such. If you want legal advice, speak with a local lawyer
familiar with your state's laws who can review *all* of the facts
and the law applicable to your situation.
************************************************** ***************


"Dee" <OldNDownsized@aol.com> wrote in message
news:3889550b.0307192157.71c56103@posting.google.c om... Fifteen month ago I paid our city, county and school property
taxes with our Sears Mastercard using those handy, dandy checks they
sent to us. IF we file Chapter 7, will we need to come up with the 3K
to pay Sears Mastercard back for those taxes?

> Speak with your attorney to see if this is the case in your jurisdiction. You should also note that Sears must file a motion with the Court to have its debt declared nondischargeable. For $3,000, it may not be worth it to them.


Well, we owe them 12K on that one card, which started out as a secured
card but morphed into a Mastercard, so I expect they will do whatever
they have to do to make us pay money we don't have due to extended
unemployment. (Where did all the IT jobs go?)

But only the $3,000 used to pay taxes would (even possibly) be
nondischargeable, not the remaining $9,000.

--
Brett

************************************************** ***************
* Personal Injury/Malpractice Bankruptcy *
* *
* BRETT WEISS, P.C. *
* Attorneys at Law *
* Maryland, D.C. and Federal Bars *
* lawyer@erols.com *
* http://www.erols.com/lawyer *
* *
* Small Business Estates & Estate Planning *
************************************************** ***************

The Small Print: This response is for discussion purposes only.
It isn't meant to be legal advice and you shouldn't treat it as
such. If you want legal advice, speak with a local lawyer
familiar with your state's laws who can review *all* of the facts
and the law applicable to your situation.
************************************************** ***************


"Dee" <OldNDownsized@aol.com> wrote in message
news:3889550b.0307201300.3f233b86@posting.google.c om... Speak with your attorney to see if this is the case in your jurisdiction. You should also note that Sears must file a
motion with the Court to have its debt declared nondischargeable.
For $3,000, it may not be worth it to them. Well, we owe them 12K on that one card, which started out as a
secured card but morphed into a Mastercard, so I expect they will do
whatever they have to do to make us pay money we don't have due to
extended unemployment. (Where did all the IT jobs go?)

"Brett Weiss" <lawyer@erols.com> wrote in message
news:lMednTRjEMd_PoeiXTWJhA@comcast.com... Maybe. There have been some cases stating that using a credit card to pay taxes turns what would otherwise be a dischargeable debt into a priority, nondischargeable one. Speak with your attorney to see if this is the case in your jurisdiction. You should also note that Sears must file a motion with the Court to have its debt declared nondischargeable. For $3,000, it may not be worth it to them. -- Brett
When I filed BK 1992 Sears showed up at the creditors meeting over $600 in
furniture. I want to keep it so my Attorney negotiated trod $250.00. They
had a "Security Interest" in the items. Fred