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Do I have to file for a tax return before filing for bankruptcy?

March 15, 2013
Written by Christopher Migliaccio | Last updated on December 7, 2023

Man and woman sitting on the couch, the woman is holding a tablet they both are looking at and sitting in front of them on the coffee table is a stack of papers

Yes, you have to file a tax return before filing for bankruptcy. Not filing a tax return filing can be detrimental to a bankruptcy filing. There are many reasons why a bankruptcy can be denied, so discussing your candidacy for bankruptcy with a Plano bankruptcy lawyer can help ensure that all is in order when… Read More

FAQ Category: Bankruptcy

Who gets the tax deduction for children after divorce?

February 26, 2013
Written by Christopher Migliaccio | Last updated on December 7, 2023

A drawing of scissors cutting the word tax on a blackboard

A tax deduction for children typically is available only to the custodial parent, who may claim the child as a dependent. But there are a few exceptions to this rule that may allow non-custodial parents to claim child tax deductions. Possible Tax Deductions for Children  Having a dependent child qualifies a custodial parent for a… Read More

FAQ Category: Child Custody FAQ, Divorce

Can I remove a bankruptcy from my credit report?

February 20, 2013
Written by Christopher Migliaccio | Last updated on December 7, 2023

The words credit history written in pencil and an eraser is erasing the words

No, you generally cannot remove a bankruptcy from your credit report until the appropriate amount of time has passed, at which point it may be automatically removed. Depending on the type of bankruptcy, it will be removed up to 10 years from the date that you filed. For a Chapter 13 bankruptcy, because some of… Read More

FAQ Category: Bankruptcy

Are their unique issues in a same-sex custody case?

February 11, 2013
Written by Christopher Migliaccio | Last updated on December 7, 2023

Two married men sitting on the ground with their son and daughter

In a same-sex custody case, non-biological parents may face problems regarding their status as the child’s legal parent. If the non-biological parent did not adopt the child, then legally this may affect his or her status as the child’s parent and could be detrimental to any push to obtain custody rights. Meanwhile, gay and lesbian… Read More

FAQ Category: Child Custody FAQ, Divorce

How long will Chapter 13 Bankruptcy stay on my credit history?

February 7, 2013
Written by Christopher Migliaccio | Last updated on December 7, 2023

Someone holding a chipboard with a paper that says chapter 13 bankruptcy in red with the scale of justice below it in blue

An understanding of Chapter 13 bankruptcy rules can help you decide if this is the right decision for you, especially if you are concerned about how the bankruptcy affects your credit. Talking with a Plano Chapter 13 bankruptcy lawyer may help, but know that it will generally stay on your credit history for seven years…. Read More

FAQ Category: Chapter 13 Bankruptcy

Can someone other than parents have child custody?

January 31, 2013
Written by Christopher Migliaccio | Last updated on December 7, 2023

Two grandparents sitting on the couch with their grandson and granddaughter and they are all laughing

Child custody rights may be given to someone other than the parents in some cases. In Texas, it is always preferable that a parent has legal or physical custody, but there may be exceptions. If this may be applicable to your case, discuss the issue and laws pertaining to your case in Richardson with your… Read More

FAQ Category: Child Custody FAQ

How long will a Chapter 7 bankruptcy stay on my credit history?

January 9, 2013
Written by Christopher Migliaccio | Last updated on January 28, 2020

Having a bankruptcy on your credit history won’t mar your record for life, but it will appear on your record for ten years from the date of filing. This is one of many things you should consider if evaluating whether filing Chapter 7 bankruptcy is the right choice for you. Your Richardson lawyer can evaluate… Read More

FAQ Category: Bankruptcy, Chapter 7 Bankruptcy

Does custody always go to just one parent?

December 13, 2012
Written by Christopher Migliaccio | Last updated on January 27, 2020

No. When the courts begin the process of selecting custodial parents, numerous factors are taken into consideration and oftentimes, what’s known as “joint custody” is granted so that both parents have custody. Texas child custody laws stipulate joint custody (also referred to as shared or split custody) as a viable option when couples separate. In… Read More

FAQ Category: Child Custody FAQ

Should I get a credit card after bankruptcy?

December 10, 2012
Written by Christopher Migliaccio | Last updated on May 27, 2025

Getting a credit card after bankruptcy is possible. Consider talking to a Plano bankruptcy attorney about how filing for bankruptcy may affect your financial choices and limitations. The Costs and Fees  After declaring bankruptcy, that declaration stays on your credit record for 10 years. This can lead credit card companies to offer you credit at… Read More

FAQ Category: Bankruptcy

If I don’t like an existing custody arrangement, can I file for custody in another state?

October 31, 2012
Written by Christopher Migliaccio | Last updated on August 21, 2017

If you are confused about child custody, such as issues pertaining to moving out of state, speak to a Plano child custody attorney for clarification. For instance, if you hope to change an existing custody arrangement, you cannot simply file for custody in another state in hopes of getting your way. If you wish to… Read More

FAQ Category: Child Custody FAQ

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Christopher Migliaccio, attorney in Dallas, Texas
About the Author

Christopher Migliaccio is an attorney and a Co-Founding Partner of the law firm of Warren & Migliaccio, L.L.P. Chris is a native of New Jersey and landed in Texas after graduating from the Thomas M. Cooley School of Law in Lansing, Michigan. Chris has experience with personal bankruptcy, estate planning, family law, divorce, child custody, debt relief lawsuits, and personal injury. If you have any questions about this article, you can contact Chris by clicking here.

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