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New York Bankruptcy Legal Questions

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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 3
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Bankruptcy
New York

Recent Legal Answers

I rent a store in s.I and need to leave which I cant afford but have a credit card with a large amount can i go out without paying I'am a incorparated

Answered 8 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Bankruptcy
It depends on what your lease says.  If you do not pay you will be evicted, so you can leave.  The issue is damages.
It depends on what your lease says.  If you do not pay you will be evicted, so you can leave.  The issue is damages.

debt collection

Answered 8 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Bankruptcy
The agreement probably said that if you pay the settlement amount the judgment will be marked off.  Check your agreement.
The agreement probably said that if you pay the settlement amount the judgment will be marked off.  Check your agreement.

Will bankruptcy affect his case or should we postpone our wedding?

Answered 8 years and 8 months ago by Ronald Karl Nims (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
Chapter 7 bankruptcy doesn't affect changes in the debtor's circumstances which occur after the filing date (except in a few circumstances). Being married will not affect the bankruptcy.
Chapter 7 bankruptcy doesn't affect changes in the debtor's circumstances which occur after the filing date (except in a few circumstances). Being... Read More

Can I file chapter 13 to stop tax sale on my home?

Answered 8 years and 8 months ago by Ronald Karl Nims (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
Yes, a Chapter 13 will stop the tax sale of your home. It will also give you up to five years to pay off the tax debt.
Yes, a Chapter 13 will stop the tax sale of your home. It will also give you up to five years to pay off the tax debt.

Can I file chapter 13 to stop tax sale on my home?

Answered 8 years and 8 months ago by Dorothy G. Bunce (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
Many people chose Chapter 13 for just that reason. You will need to pay the ongoing tax debt every year and pay off the past due tax debt over the next 5 years.
Many people chose Chapter 13 for just that reason. You will need to pay the ongoing tax debt every year and pay off the past due tax debt over the... Read More

Can I fill bankruptcy after income garnishment?

Answered 8 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Bankruptcy
Absolutely.  Many people file for just this reason.
Absolutely.  Many people file for just this reason.

Can I file for bankruptcy if my spouse is no longer living with me?

Answered 8 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Bankruptcy
Bankruptcy will not help you achieve what you want.  You need to file a divorce case, and get him to pay for the house payments.  Talk to a matrimonial lawyer.  He might even have to pay your legal fees.
Bankruptcy will not help you achieve what you want.  You need to file a divorce case, and get him to pay for the house payments.  Talk to a... Read More

I would like to know if I file for Chapter 13 will it stop my wage garnishment for a timeshare?

Answered 8 years and 9 months ago by Richard N. Gonzales (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
Yes and no. Meet with an attorney.
Yes and no. Meet with an attorney.

If I started being garnished 4/27/17 and filed bankruptcy and had garnishment stopped 6/15/17, will I get reimbursed the money?

Answered 8 years and 9 months ago by Ronald Karl Nims (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
Any money withheld for the garnishment after you filed the bankruptcy will be returned to you. The rest is lost.
Any money withheld for the garnishment after you filed the bankruptcy will be returned to you. The rest is lost.

If there is a judgement against me, can the house be sold if my husband and I are on the deed for them to try and take my half?

Answered 8 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Bankruptcy
While the judgment debt is discharged the lien actually stays.  You can get the lien stricken by reopening your bankruptcy and proving the lien impaired your exemption.  You likely need a lawyer to do this.
While the judgment debt is discharged the lien actually stays.  You can get the lien stricken by reopening your bankruptcy and proving the lien... Read More

Is bankruptcy right for me

Answered 8 years and 9 months ago by attorney Alan J. Goldberg   |   1 Answer   |  Legal Topics: Bankruptcy
You need to provide more information.
You need to provide more information.

I was advised I'm judgement proof, 71yrs old on social security 935 montylhy,no assests ,creditors want me to prove I'm judgement proof ,how do I do t

Answered 8 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Bankruptcy
Judgment proof is a concept, not a legal classification.  It means that if you show the creditor you cannot be garnished or levied, they may just give up.  It is the choice of the creditor.
Judgment proof is a concept, not a legal classification.  It means that if you show the creditor you cannot be garnished or levied, they may... Read More

What happens to my half of property when my property partner files for bankruptcy?

Answered 8 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Bankruptcy
If his portion is not exempt, the trustee can sell the whole thing and give you half the proceeds.
If his portion is not exempt, the trustee can sell the whole thing and give you half the proceeds.

Looking for someone with knowledge about adversary complaint and fraud.

Answered 8 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Bankruptcy
I can tell you if you have a case, and I can represent you in a case, but I cannot review a pro se complaint and teach you how to do it.  Either hire a lawyer if you do not know what you are doing, or do it yourself if you do.  I have done dozens of these cases and it is hard to do it pro se.  There are a lot of rules and procedures.... Read More
I can tell you if you have a case, and I can represent you in a case, but I cannot review a pro se complaint and teach you how to do it. ... Read More

If I make $3,000 a month and my wife makes 2,000 but combined we are in 30,000 worth of debt would we be able to file for bankruptcy?

Answered 8 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Bankruptcy
Yes, you would.
Yes, you would.

Debt consolidation

Answered 8 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Bankruptcy
Answer the summons.  Being in consolidation is not a defense.  Many of these companies are scams.  Hopefully yours is not one of them.  Report the situation to the Attorney General.
Answer the summons.  Being in consolidation is not a defense.  Many of these companies are scams.  Hopefully yours is not one of... Read More

If my mom filed bankruptcy and I was trying to sell the house I inherited, does that mean I have to pay her debt even?

Answered 8 years and 10 months ago by Ronald Karl Nims (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
There are two kinds of liability in a mortgage. Personal liability and property liability. The bankruptcy probably discharged your mother's personal liability but bankruptcy usually doesn't affect property liability, meaning the lender can take some or all of the proceeds of a sale. There are other aspects of property liability, you should consult an attorney to discuss the specific situation.... Read More
There are two kinds of liability in a mortgage. Personal liability and property liability. The bankruptcy probably discharged your mother's personal... Read More

I had a dba that I would like to bankrupt. Would that get the one creditor off my back.

Answered 8 years and 11 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Bankruptcy
It depends if you have personally liability for the rent.  Your question implies you have no corporation, but the store was a proprietorship.  Then you would need a full personal bankruptcy for yourself to eliminate this debt.  There is very often little reason to file a bankruptcy for a business that is defunct if it is a corporation.... Read More
It depends if you have personally liability for the rent.  Your question implies you have no corporation, but the store was a... Read More

I have a document that needs to be sent to the legal department, where do I send it.

Answered 8 years and 11 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Bankruptcy
It depends on what the document is.  Call the court's clerk and ask.
It depends on what the document is.  Call the court's clerk and ask.

Can I file bankruptcy after receiving court summons?

Answered 8 years and 11 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Bankruptcy
You can file bankruptcy.  In fact, filing upon being sued is a common time.  However, for $5000 on a claim, assuming this is all the debt you have, you would likely be able to settle the case for less than the legal fee to file.  You would each need to file as only spouses can bring a joint case.... Read More
You can file bankruptcy.  In fact, filing upon being sued is a common time.  However, for $5000 on a claim, assuming this is all the debt... Read More

Chapter 11

Answered 8 years and 11 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Bankruptcy
The filing is not a problem.  The issue is the success of a plan, and what you intend to do.  Also, if the creditor is the bank, you might do better outside of bankruptcy, as there are no trustee fees.
The filing is not a problem.  The issue is the success of a plan, and what you intend to do.  Also, if the creditor is the bank, you might... Read More

Am I to send the notice of bankruptcy case filing to my debtors or is this what the courts do from my verification and master address list?

Answered 9 years ago by Dorothy G. Bunce (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
How would you send notice to your debtors when YOU are the debtor? I believe you meant your creditors, and if you do not know what a word means, you should not use it. The creditor matrix you submitted to the bankruptcy court will be used to mail out the initial bankruptcy notice to those listed on the mailing sheet. If you failed to list someone in your initial filing, they will not be notified and you will need to do it yourself.... Read More
How would you send notice to your debtors when YOU are the debtor? I believe you meant your creditors, and if you do not know what a word means, you... Read More

Am I to send the notice of bankruptcy case filing to my debtors or is this what the courts do from my verification and master address list?

Answered 9 years ago by Richard N. Gonzales (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
The Court Clerk will mail out the notice, based on the creditor mailing matrix you provided.
The Court Clerk will mail out the notice, based on the creditor mailing matrix you provided.

Hi, I wanted to ask if I'm able to claim bankupcy with only owing maybe 15, 000 together in bills and credit card debt.

Answered 9 years ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Bankruptcy
To answer your question, you meet the requirements.  However, you might do better answering the suit and trying to settle each debt.  $15,000 is not a lot of debt for a bankruptcy.  The legal fees and long term credit consequences might be more than you could pay in a settlement.... Read More
To answer your question, you meet the requirements.  However, you might do better answering the suit and trying to settle each debt. ... Read More

I borrowed money from my friend he is making it hard because he keeps putting pressure on me to pay l full intend to pay back can he sue me if l don't

Answered 9 years ago by attorney Sharon M. Siegel   |   2 Answers   |  Legal Topics: Bankruptcy
Of course he can sue.  Whether he wins depends upon the documents that support the claim.
Of course he can sue.  Whether he wins depends upon the documents that support the claim.
Bankruptcy
New York

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