New York Bankruptcy Legal Questions

You have two crucial questions was it okay to use the credit card that was taken out by someone else? If you became legally responsible for paying this card, your continued use of the card was fully legal. An easy way to find out would be by checking your credit report. Recent use of credit just before filing bankruptcy can be a problem, so if you have not stopped using these cards, now is the time to stop! As to your marriage, being married to a person who is financially stable may put you in the position of being ineligible to file bankruptcy and requiring your spouse's income to pay for your debts. If you make the decision to file bankruptcy, you should file before you get married rather than afterwards.... Read Answer

They have to sue you and obtain a court judgment first. Lots of creditors that finance purchases through their store accounts use the financing in what appears to be the form of a credit card. In fact, the financing terms are really not different from the terms of any run of the mill car loan. It helps to read the fine print. Furniture and appliance stores, jewelers, electronics stores, and yes, the local motorcycle shop, all finance using a card to indicate the account but without the terms that credit cards typically involve because they retain the right to repossess.... Read Answer

The reason you have to list this transfer is because the bankruptcy code says so. Whether you or your friend have to pay this money to the trustee will depend on whether this sale was made under terms that would be considered fair. For example, that the car was worth only the $4,500 you received for it, and not $15,000. A big part of bankruptcy is being willing to comply with the law, because even for something of low importance, violating the bankruptcy law can turn you into a criminal.... Read Answer

Some context to your question certainly would allow me to answer your question with more accuracy. Was this a debt you owed at the time you filed bankruptcy? If so, then you can respond to the lawsuit by citing to In Re Beezley, which holds that omitting a creditor from a bankruptcy is unimportant, provided that the Chapter 7 was a ?no asset? case and creditors received no payment from the bankruptcy trustee. If this lawsuit is a result of a matter that occurred after your bankruptcy, you cannot rely on your 2010 bankruptcy to protect you from financial obligations that occurred after your bankruptcy was filed. You are not currently eligible to receive another Chapter 7 discharge and your only option in bankruptcy would be to participate in a payment plan such as Chapter 13.... Read Answer

You have to file BK to stop a wage assignment. Most creditors who have gone to the trouble of suing you, getting a judgment, and now are garnishing your wages are not very open to settlements. They will continue to garnish 25% of your net take home pay until the debt is paid in full! I charge a small fee for a one hour meeting to show you how everything works, and how BK works. I have successfully filed THOUSANDS of BK's, so I know I can help you.... Read Answer

I would recommend that you make payment arrangements with an attorney. Because you have an uninsured accident case, it is more complex than most cases. It would be difficult to get the best results from an complex case without an attorney. One option would be to file the case without an attorney, then to hire an attorney immediately after you file. Then you could pay the attorney over several months.... Read Answer

As a practical matter, if you know he is going to file BK, why waste the court filing fee to sue the debtor/defendant? If you are not sure, you may want to file your lawsuit. If he does file BK, it depends on which type of BK he files. In most cases, unsecured creditors get nothing, or next to nothing, in a Chapter 7 or Chapter 13 filing. Good luck!... Read Answer

Reaffirmations can only be filed BEFORE you get the bankruptcy discharge, and it sounds like you got your discharge years ago. (Did you have a lawyer who knew his or her business? Bankruptcy is not a really simple area of law.) Discuss with your proposed lender that you neglected to reaffirm, but that you have been 100% on time with all payments (if this is true)reaffirmation or not. That is probably the strongest indication that you will pay faithfully in the future. Good Luck.... Read Answer

It sounds like your lawyer is lazy and perhaps inexperienced. Those of us who have worked with foreclosures and real estate and bankruptcy for quite a few years learn about the kind of situation you mention. I suggest you find another lawyer. Failing that, instruct your lawyer to amend your schedules A and C (at least) to list, on A, the property with its legal description, and on C, that it is exempt (if it is, as seems likely). You'll have to sign the amendment. If this bird will not do it for you promptly (if you give him the legal description it should take twenty minutes or so if he knows his business), either do it yourself or definitely have another lawyer take over. Good Luck.... Read Answer

You will be held responsible for paying this money. As far as the finance company is concerned, they loaned the money to you and any deal you made with anyone else is your problem. I know that sounds harsh, but that's the way they look at it. You can sue the ex-BF, but then you have to collect. Tell the finance company to go ahead and repo the furniture. They will, and then will sell it for cheap and sue you for the difference. When they do, bring a third-party action against the ex-BF.... Read Answer

You may be able to file an "aritsan's lien" and then foreclose on it. Once done, you can sell it, and if it does not bring enough to pay for your expenses and your work, then you can sue the owner for the difference. Of course, if you get more than what you would otherwise be paid, you have to refund the difference.... Read Answer

On one hand, you have $10,000 of unsecured debt that will be dismissed in the Chapter 13. On the other hand, you have to modify the Chapter 13 plan to make the new mortgage payments and that will affect how much will be paid to the unsecured creditors. You need to run the numbers both ways and decide which is your best option.... Read Answer

I'm assuming that the final judgment has been entered rather than interred (buried). Yes, filing bankruptcy before the sale occurs will stop the sale. The question is can you permanently stop the sale by paying off or making current the debt in a Chapter 13. If you can't afford the make the necessary payments in a Chapter 13, then you're just getting a temporary delay in the sale. If your fiance isn't on the mortgage, it isn't possible to collect from her.... Read Answer