×
Go back to Martindale-Avvo ➔

New York Bankruptcy Legal Questions

Want a good answer? Ask a thorough question starting with "Who, What, When, How, Will I or Do I".
Then, add details. This will help you get a quicker and better answer.
Question field is required
Explanation field is required
A valid US zip code is required Validating the Zip Code.
Question type field is required
Question type field is required
1
Ask a Question
2
Details
3
Submit
1
Ask a Question
2
Submit
Fullname is required
A valid email address is required.
Receive a follow-up from lawyers after your question is answered
A valid phone number is required
Select the best time for you to receive a follow-up call from a lawyer after your question is answered. (Required field)
to
Invalid Time

*Required fields

Question
Description
By submitting your question, you understand and agree to the Terms and Conditions and Privacy Policy for use of the site. Do not include any personal information including name, email or other identifying details in your question or question details. An attorney-client relationship is not being established and you are not a prospective client of any attorney who responds to your question. No question, answer, or discussion of any kind facilitated on this site is confidential or legal advice. Questions answered are randomly selected based on general consumer interest and not all are addressed. Questions may display online and be archived by Martindale-Hubbell.
180 legal questions have been posted about bankruptcy by real users in New York. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include commercial bankruptcy, consumer bankruptcy, and foreclosures. All topics and other states can be accessed in the dropdowns below.
New York Bankruptcy Questions & Legal Answers - Page 2
Do you have any New York Bankruptcy questions page 2 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 180 previously answered New York Bankruptcy questions.
Bankruptcy
New York

Recent Legal Answers

How to negociate with bank after C13?

Answered 7 years and 11 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Bankruptcy
The old comments cannot be removed until they drop off.  You post is unclear.  I am not sure what you want to do.
The old comments cannot be removed until they drop off.  You post is unclear.  I am not sure what you want to do.

Once a lawyer has been contracted and chapter 7 paperwork started, do I need to continue making payments or can I save that money to pay the attorney

Answered 7 years and 11 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Bankruptcy
Once you definitely determine to file bankruptcy, you should not pay debts that will be discharged.
Once you definitely determine to file bankruptcy, you should not pay debts that will be discharged.

Chapter 13

Answered 8 years ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Bankruptcy
Who said you make too much for Chapter 7?  In my opinion whoever said that has no idea how to calculate a means test.  If you have this much debt and problems, you likely qualify for Chapter 7.
Who said you make too much for Chapter 7?  In my opinion whoever said that has no idea how to calculate a means test.  If you have this... Read More

I need advice for my parents

Answered 8 years ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Bankruptcy
Bankruptcy is an option.  If they cannot manage their affairs, guardianship is an option.  If they have no money and no assets, doing nothing is an option.
Bankruptcy is an option.  If they cannot manage their affairs, guardianship is an option.  If they have no money and no assets, doing... Read More

Can my 42 year old son claim bankruptcy if He has not filed taxes in 3 years?

Answered 8 years and a month ago by Min Gyu (Peter) Kim (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Bankruptcy
Under the bankruptcy rules, the tax returns for the last 4 years has to be filed. Even if he owes, please keep in mind the debt will not be discharged based on your facts provided.    Nonetheless contact a local bankruptcy attorney for specific information based on your sons facts ... Read More
Under the bankruptcy rules, the tax returns for the last 4 years has to be filed. Even if he owes, please keep in mind the debt will not be... Read More

Husband left me, moved to another State, is there anyway I can get Almimony?

Answered 8 years and a month ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Bankruptcy
File for divorce and seek alimony.  Alimony is in connection with a divorce.  You can file here in NY if you live in NY.
File for divorce and seek alimony.  Alimony is in connection with a divorce.  You can file here in NY if you live in NY.

Bankruptcy

Answered 8 years and a month ago by attorney Sharon M. Siegel   |   2 Answers   |  Legal Topics: Bankruptcy
A timeshare is an asset.  If it is not exempt, you will lose it.  Start the process by calling a lawyer. $1500 is a usual fee.
A timeshare is an asset.  If it is not exempt, you will lose it.  Start the process by calling a lawyer. $1500 is a usual fee.

can I file for bankruptcy for medical coverage

Answered 8 years and a month ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Bankruptcy
Bankruptcy would in theory discharge the claim.  But, the insurance company could claim insurance fraud, and seek to bar your discharge.  You will not know unless you try.
Bankruptcy would in theory discharge the claim.  But, the insurance company could claim insurance fraud, and seek to bar your discharge. ... Read More

If I file for bankruptcy does that affected me as a federal worker?

Answered 8 years and 2 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Bankruptcy
This is not an issue at all.  It is actually illegal to discriminate in hiring on the basis of a bankruptcy.
This is not an issue at all.  It is actually illegal to discriminate in hiring on the basis of a bankruptcy.

I got a call from a 516 # saying that if I don't pay and settle my Care Credit account w/n 48 hours, that I would be sued. I don't know what to do!

Answered 8 years and 2 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Bankruptcy
No one can sue in 2 days.  You might owe the money, but this is a scare tactic.  If you get sued, answer the case and settle it.
No one can sue in 2 days.  You might owe the money, but this is a scare tactic.  If you get sued, answer the case and settle it.

filing chapter 7 or 13?

Answered 8 years and 3 months ago by attorney Sharon M. Siegel   |   2 Answers   |  Legal Topics: Bankruptcy
Do not do Chapter 13.  If you can do Chapter 7, $17,000 is a relatively small amount of debt.  It is on the line whether to file or settle outside of bankruptcy.
Do not do Chapter 13.  If you can do Chapter 7, $17,000 is a relatively small amount of debt.  It is on the line whether to file or settle... Read More

HOW CAN I HIRE A LAWYER TO DEAL WITH A FEMA CASE?

Answered 8 years and 4 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Bankruptcy
While FEMA loans have some special provisions, any debtor/creditor lawyer can deal with it.  Bankrutpcy is an option, as is settlement.  It depends on your deal, and your finances.
While FEMA loans have some special provisions, any debtor/creditor lawyer can deal with it.  Bankrutpcy is an option, as is settlement.  It... Read More

Can i claim a civil suit under bancruptsy

Answered 8 years and 4 months ago by attorney Sharon M. Siegel   |   2 Answers   |  Legal Topics: Bankruptcy
Yes.  A civil claim is generally dischargeable.
Yes.  A civil claim is generally dischargeable.

Student debt filing for bankruptcy

Answered 8 years and 4 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Bankruptcy
She can file, but the student loan debt will not be discharged.
She can file, but the student loan debt will not be discharged.

I'm looking for a lawyer to handle a bankruptcy case in Endicott NY

Answered 8 years and 4 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Bankruptcy
Use this site to type in bankruptcy lawyers in Endicott.  I am a member of the Northern District of New York, but not the best choice as it is a little out of my range.
Use this site to type in bankruptcy lawyers in Endicott.  I am a member of the Northern District of New York, but not the best choice as it is a... Read More

Should I improve my chapter 7 property that hasn't been reaffirmed?

Answered 8 years and 5 months ago by Ronald Karl Nims (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
First, you don't have a choice; all debts are included in a bankruptcy. It's not pick and chose like a restaurant menu. Second, if your house is worth more than the amount of the mortgage, selling would be no problem.
First, you don't have a choice; all debts are included in a bankruptcy. It's not pick and chose like a restaurant menu. Second, if your house is... Read More

when i filed for chapter 7 bankruptcy would i be able to keep my bank accounts, car insurance etc.?

Answered 8 years and 5 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Bankruptcy
Exemptions (assets you keep) depend on what you have in total, and if you own real estate.  There are specific thresholds you need to review with a lawyer.
Exemptions (assets you keep) depend on what you have in total, and if you own real estate.  There are specific thresholds you need to review... Read More

Should I flie for bankruptcy after my car got repoed ? Can't make payments anymore I'm past due by a little less then 3,000

Answered 8 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Bankruptcy
If this is your only debt, then no.  Deal with this debt when and if they come looking for money.
If this is your only debt, then no.  Deal with this debt when and if they come looking for money.

Can i sue my bankuptcy lawyer

Answered 8 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Bankruptcy
If this happened in 2014 the statute of limitations for attorney malpractice is over.
If this happened in 2014 the statute of limitations for attorney malpractice is over.

What are my options if I am considering chapter 7 without my spouse?

Answered 8 years and 6 months ago by Richard N. Gonzales (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
Meet with a lawyer.
Meet with a lawyer.

If I move out of the country am I obligated to keep paying my Chapter 13 if I am not working in that country?

Answered 8 years and 6 months ago by Ronald Karl Nims (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
If you want to get a discharge in your Chapter 13, you have to keep paying on it. If you're now unemployed you may qualify for a hardship discharge and won't need to pay but you will need to file a motion for a hardship discharge.
If you want to get a discharge in your Chapter 13, you have to keep paying on it. If you're now unemployed you may qualify for a hardship discharge... Read More

If I move out of the country am I obligated to keep paying my Chapter 13 if I am not working in that country?

Answered 8 years and 6 months ago by Richard N. Gonzales (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
Yes.
Yes.

I received this letter from the court: Amended discharge of debtor order of final decree.It has been brought up to the court attention that the disch

Answered 8 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Bankruptcy
So the court issued 45,000 of these letters in every case filed for 10 years.  I have dozens of clients with this issue.  You do not have to do anything.  I tried to call the court to find out the reason, and was told I was the only lawyer who called, and the Clerk refused to tell me the reason.  I find that hard to believe.  I think this move by the court is outrageous, and I still do not know what the "error" is.  One of the worst cases of bureaucratic B.S. I have ever seen.... Read More
So the court issued 45,000 of these letters in every case filed for 10 years.  I have dozens of clients with this issue.  You do not have... Read More

Can you declare bankruptcy on medicaid fraud

Answered 8 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Bankruptcy
No.  Government fines are not dischargeable in most cases.  
No.  Government fines are not dischargeable in most cases.  

Hi. I am writing because I am in the process of buying a home and the seller filed for bankruptcy. How long does that normally take?

Answered 8 years and 6 months ago by attorney Sharon M. Siegel   |   2 Answers   |  Legal Topics: Bankruptcy
Call the trustee of the seller.  The trustee can consent to the sale, and move it along even though the bankruptcy is pending.
Call the trustee of the seller.  The trustee can consent to the sale, and move it along even though the bankruptcy is pending.
Bankruptcy
New York

Helpful Resources