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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 4
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Bankruptcy
New York

Recent Legal Answers

Filing for bankruptcy

Answered 9 years and a month ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Bankruptcy
The bankruptcy can be individual or joint.  A bankruptcy lawyer can determine which is the best way to go.
The bankruptcy can be individual or joint.  A bankruptcy lawyer can determine which is the best way to go.

What can be done to get an HOA owner who has filed bankruptcy to pay his back monthly common charges by the HOA in NY State?

Answered 9 years and a month ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Bankruptcy
It is a lien on the property.  The HOA can foreclose it.  That is the only option.
It is a lien on the property.  The HOA can foreclose it.  That is the only option.

If file chapter 7 and wanted to continue making my payments on car, attorney had me sign affirmation, does it affect my co borrower?

Answered 9 years and a month ago by Richard N. Gonzales (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
Have your daughter schedule a meeting with a lawyer.
Have your daughter schedule a meeting with a lawyer.

I am on disability and have about $7,000 in debt. Can or should I file bankruptcy?

Answered 9 years and 2 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Bankruptcy
While I would need to know more about the debt and your finances, my general opinion is no.  $7000 is a small amount of debt in bankruptcy land, and you would do better negotiating a payment plan, or doing nothing, if you are judgment proof, as SSD benefits are not available for levy.
While I would need to know more about the debt and your finances, my general opinion is no.  $7000 is a small amount of debt in bankruptcy land,... Read More

I've been served with a deuces tecum subpoena, and, was wondering if filing bankruptcy stops me having to attend deposition....

Answered 9 years and 2 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Bankruptcy
No.  But why wouldn't you attend?  In that lies the real issue, and would yield a better answer.
No.  But why wouldn't you attend?  In that lies the real issue, and would yield a better answer.

What should it cost to file bankruptcy just for credit cards if you have no assets

Answered 9 years and 2 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Bankruptcy
Around $1500 plus the $335 filing fee, more or less.
Around $1500 plus the $335 filing fee, more or less.

I have an LLC that is closed. I have a credit card that is going to go charged off. will that affect my personal credit score?

Answered 9 years and 2 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Bankruptcy
Typically you would have personally guaranteed the card.  But, if you did not, you have nothing to worry about.
Typically you would have personally guaranteed the card.  But, if you did not, you have nothing to worry about.

.My home is going into foreclosure and I owe $175,389.87 with my husband who is on the title and he refuses to pay. I cannot afford this debt.

Answered 9 years and 2 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Bankruptcy
You need to make a motion in the FL divorce for what is called pendente lite relief, i.e. he pays pending distrbution of assets.  If you want to live there, you are otherwise going to have to pay.
You need to make a motion in the FL divorce for what is called pendente lite relief, i.e. he pays pending distrbution of assets.  If you want to... Read More

Is there any reason filing a 3rd bankruptcy will not be granted?

Answered 9 years and 3 months ago by Giovanni Orantes (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
Depends on how far apart you filed the previous cases and whether or not you received a discharge in one or more of your cases and whether you need a discharge. You truly need to consult experienced counsel to determine when and where and how to file it and what protection you are afforded by it.... Read More
Depends on how far apart you filed the previous cases and whether or not you received a discharge in one or more of your cases and whether you need a... Read More

Will I be able to keep my IRA and Social Security benefits if I file for bankruptcy?

Answered 9 years and 3 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Bankruptcy
You will not be able to discharge the IRS claim if you have a plan.  The rest of your analysis is correct, subject to review of the documents.  IRA accounts are generally exempt, and the other debt is presumptively dischargeable.
You will not be able to discharge the IRS claim if you have a plan.  The rest of your analysis is correct, subject to review of the... Read More

If I file for bankruptcy then get married to her, would I be liable for the debt again?

Answered 9 years and 3 months ago by Ronald Karl Nims (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
Bankruptcy can't make another person liable for debts. Only signing a contract, like a credit card application, can make a person liable for debts.
Bankruptcy can't make another person liable for debts. Only signing a contract, like a credit card application, can make a person liable for debts.

Is it legal to delay initiating probate so as to complete bankruptcy?

Answered 9 years and 4 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Bankruptcy
C did do something shady, but it was smart, and assured her creditors did not get any money.  The issues really have nothing to do with the present issue.  C's estate still gets A's property and not signing the waiver will make no difference to the people being asked to sign.  Under law, the fiduciary of the fiduciary's estate is the presumptive CTA, but the court needs to approve it, which is why the forms need to be signed by all interested parties.... Read More
C did do something shady, but it was smart, and assured her creditors did not get any money.  The issues really have nothing to do with the... Read More

When can we file another ch 13?

Answered 9 years and 4 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Bankruptcy
Your lawyer did this wrong.  Should have done a Chapter 7 with a Loan Modification Request.  Ask to convert to Chapter 7.  Otherwise you have to wait 180 days to file.  Might not be a problem depending where you are in the foreclosure process and what other debt you have.... Read More
Your lawyer did this wrong.  Should have done a Chapter 7 with a Loan Modification Request.  Ask to convert to Chapter 7.  Otherwise... Read More

Can I assume someone's mortgage if they have filled bankruptcy?

Answered 9 years and 4 months ago by Richard N. Gonzales (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
Meet with an experienced BK & RE lawyer. Pay them for a couple hours of their time to review the Deed of Trust and the BK file. The answer to your questions depends on a lot of things. Now is not the time to skimp. Good luck!
Meet with an experienced BK & RE lawyer. Pay them for a couple hours of their time to review the Deed of Trust and the BK file. The answer to your... Read More

Can I assume someone's mortgage if they have filled bankruptcy?

Answered 9 years and 4 months ago by Dorothy G. Bunce (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
Assuming a mortgage will have nothing to do with the seller?s prior bankruptcy. However, whether the seller is eligible to transfer the title to the property to you is a much more crucial issue that you will need to investigate.
Assuming a mortgage will have nothing to do with the seller?s prior bankruptcy. However, whether the seller is eligible to transfer the title to the... Read More

Can I still file after I consolidated my credit card debt thru a third party program to get on an affordable payment plan and living expenses?

Answered 9 years and 4 months ago by Daniel T. Garner (Unclaimed Profile)   |   9 Answers   |  Legal Topics: Bankruptcy
Yes, you just have to report the payments you made to the third party. It's no problem.
Yes, you just have to report the payments you made to the third party. It's no problem.

Can I still file after I consolidated my credit card debt thru a third party program to get on an affordable payment plan and living expenses?

Answered 9 years and 4 months ago by Dorothy G. Bunce (Unclaimed Profile)   |   9 Answers   |  Legal Topics: Bankruptcy
You can file a bankruptcy but depending on WHEN you took out the consolidation loan, you may not be eligible to ELIMINATE this debt in a bankruptcy. See 11 USC sec 523 for more information.
You can file a bankruptcy but depending on WHEN you took out the consolidation loan, you may not be eligible to ELIMINATE this debt in a bankruptcy. ... Read More

Can I still file after I consolidated my credit card debt thru a third party program to get on an affordable payment plan and living expenses?

Answered 9 years and 4 months ago by Richard N. Gonzales (Unclaimed Profile)   |   9 Answers   |  Legal Topics: Bankruptcy
Yes.
Yes.

Can I still file after I consolidated my credit card debt thru a third party program to get on an affordable payment plan and living expenses?

Answered 9 years and 4 months ago by Patrick William Currin (Unclaimed Profile)   |   9 Answers   |  Legal Topics: Bankruptcy
Yes.
Yes.

if i filed bancruptsy 3 years ago, can i file again?

Answered 9 years and 5 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Bankruptcy
No.  You have to wait eight years between filings.
No.  You have to wait eight years between filings.

What can I do when someone filed for bankruptcy and he owes me over $25,000?

Answered 9 years and 5 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Bankruptcy
As your debt will be discharged in the case and you will get zero, your only option is to prevent the discharge of it, which is limited to very narrow grounds.
As your debt will be discharged in the case and you will get zero, your only option is to prevent the discharge of it, which is limited to very... Read More

Can my leased car be taken in a judgement settlement

Answered 9 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Bankruptcy
In theory yes.  In reality, no.
In theory yes.  In reality, no.

Are there forms or a letter that should be sent to creditors if there is no need for bankrupsy because I ha nothing and no income and are considered j

Answered 9 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Bankruptcy
No.  It is a matter for creditors to determine for themselves.  No one will believe you just because you say it.
No.  It is a matter for creditors to determine for themselves.  No one will believe you just because you say it.

Is bankruptcy the right answer for me? How much does it cost?

Answered 9 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Bankruptcy
The car is clearly exempt from sale by a trustee and safe.  $33,000 is not the most debt of anyone, but if it is more than you can ever pay, then bankruptcy will clearly get rid of it.  My rule of thumb is if your debt is more than your annual gross income, you will not pay it back and bankruptcy is a good idea.  But, you sound younger, so if your income prospects in the future are larger, then you may want to wait.... Read More
The car is clearly exempt from sale by a trustee and safe.  $33,000 is not the most debt of anyone, but if it is more than you can ever pay,... Read More

"priority" or "unsecured" in my Chapter 11 Proof of Claim?

Answered 9 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Bankruptcy
File as a priority wage claim.  They may object, but it can't hurt.  If it is general unsecured vendor claim, you likely will get nothing.
File as a priority wage claim.  They may object, but it can't hurt.  If it is general unsecured vendor claim, you likely will get nothing.
Bankruptcy
New York

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