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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 5
Do you have any New York Bankruptcy questions page 5 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

I have no asserts I get social security check monthly for 935.00 .i have no home ,I'm in 8000.00 credit card debt.i will be incurring large dental deo

Answered 9 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Bankruptcy
You are essentially judgment proof, as you have nothing that a judgment creditor could get.  Therefore, bankruptcy is not needed.
You are essentially judgment proof, as you have nothing that a judgment creditor could get.  Therefore, bankruptcy is not needed.

What does rule 9.37 of the Federal Rules of Bankruptcy Procedure mean?

Answered 9 years and 7 months ago by Ms. Margaret L. Evans (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
If you filed PRO SE (without an attorney), then you are probably in violation of SEVERAL bankruptcy procedural rules. You should HIGHLY CONSIDER hiring an attorney to review your case to see what all of the missing items and issues are that remain so that your case doesn't get dismissed.
If you filed PRO SE (without an attorney), then you are probably in violation of SEVERAL bankruptcy procedural rules. You should HIGHLY CONSIDER... Read More

Location rent

Answered 9 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Bankruptcy
If you want to stay, you have to pay rent.  You will not owe the past three months, but you have no right to stay there at all.  As soon as your case is over, or before if stay relief is obtained, you will be evicted in a holdover.
If you want to stay, you have to pay rent.  You will not owe the past three months, but you have no right to stay there at all.  As soon as... Read More

Is there is anything I can do now to stop the garnishment until after they sell the vehicle?

Answered 9 years and 7 months ago by Ronald Karl Nims (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
A creditor (except the government) can't garnish your wages until they have a judgment against you. Once they have a judgment, there are only two ways to stop a garnishment.One, work out a deal with the creditor to take a payment instead of garnishing your wages - usually this would involve making a lump sum payment. Two, file bankruptcy. Bankruptcy stops all garnishments.... Read More
A creditor (except the government) can't garnish your wages until they have a judgment against you. Once they have a judgment, there are only two... Read More

Should I sign a stipulation from opposing counsel

Answered 9 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Bankruptcy
No one could answer this without seeing the stipulation.  However, having dealt with this many times, the creditor is probably saying that if you agree that their claim is not discharged and waive the appeal, they will let you get the discharge for everything else.  Since you might have filed the case for this claim, having a $230,000 claim against you probably defeats the reason you filed in the first place.  Thus, you need to weigh the cost and benefits of the next move.... Read More
No one could answer this without seeing the stipulation.  However, having dealt with this many times, the creditor is probably saying that if... Read More

If I filed for bankruptcy about 10 years ago and I have $21,000 credit card debt, can I file again?

Answered 9 years and 8 months ago by Eric C. Lewis (Unclaimed Profile)   |   10 Answers   |  Legal Topics: Bankruptcy
It may be possible. The minimum time that must elapse between Chapter 7 bankruptcy filings is eight years.
It may be possible. The minimum time that must elapse between Chapter 7 bankruptcy filings is eight years.

what happens when cash advances or large charges are made on a credit card before filing chapter 7 bankruptcy

Answered 9 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Bankruptcy
The creditor and/or trustee will question if you had a genuine intent at the time of the charge to pay it back.  If during the lookback period, the burden is on you to prove it was not fraud.  Never do this, as if makes a good bankruptcy into a bad one.  You are not the first one to think of this idea.... Read More
The creditor and/or trustee will question if you had a genuine intent at the time of the charge to pay it back.  If during the lookback period,... Read More

If owners of LLC coporation did not personally guarantee vendors accounts, can their personal credit be affected with bankruptcy

Answered 9 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Bankruptcy
No.  But then there is also an issue of why the LLC would file bankruptcy.
No.  But then there is also an issue of why the LLC would file bankruptcy.

My daughter has a student loan of $20,000.00 I am a co-signer for her can she file for bankruptcy and will I get penaltized for it?

Answered 9 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Bankruptcy
You will not be penalized.  It is not dischargeable debt so both you and she will still owe it.  Her filing will actually reduce your credit score slightly, but not enough to matter.
You will not be penalized.  It is not dischargeable debt so both you and she will still owe it.  Her filing will actually reduce your... Read More

Do I file chapter 11 in NY or PA?

Answered 9 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Bankruptcy
You can actually do either one, and there will be a better choice.  You need to review with bankruptcy counsel.
You can actually do either one, and there will be a better choice.  You need to review with bankruptcy counsel.

If I got a judgement against me from a medical company, can they freeze my bank account?

Answered 9 years and 9 months ago by attorney Mr. Christiaan Mauritz Van Niekerk   |   1 Answer   |  Legal Topics: Bankruptcy
They can yes so be sure to pay attention to it.
They can yes so be sure to pay attention to it.

I am 60 years old and have run into more debt than I can handle. I need help.

Answered 9 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Bankruptcy
No problem.  Common problem these days.  Call a bankruptcy attorney.
No problem.  Common problem these days.  Call a bankruptcy attorney.

dose bankruptcy affect your pension or 401K

Answered 9 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Bankruptcy
If the pension and 401(k) are done right, then most likely no.
If the pension and 401(k) are done right, then most likely no.

Can I file bankruptcy if I am on disability because I can't pay my loan payments?

Answered 9 years and 10 months ago by Dorothy G. Bunce (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
Someone can file bankruptcy while on disability but whether you should file bankruptcy is another question altogether. Many people who only have social security as their income do not need to file bankruptcy because if they do not pay their loans, there may be little or nothing their creditors can actually do to collect from them. Of course, if you do not pay your vehicle loan, expect the repo man to come out and pick up the vehicle in the middle of the night.... Read More
Someone can file bankruptcy while on disability but whether you should file bankruptcy is another question altogether. Many people who only have... Read More

What forms should I use if I loaned money to someone and the repayment delay is causing me financial distress and emotional stress?

Answered 9 years and 10 months ago by attorney Mr. Christiaan Mauritz Van Niekerk   |   1 Answer   |  Legal Topics: Bankruptcy
I think you should just file for bankruptcy protection and get rid of them.
I think you should just file for bankruptcy protection and get rid of them.

would I be able to keep my house that is in foreclosure after I file for bankruptcy

Answered 9 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Bankruptcy
The short answer is yes, there are processes in bankruptcy that allow you to try to save your home.  The long answer is that your ability to do so depends on facts you have not posted, and you cannot keep your house for free, so you are going to have to pay something.
The short answer is yes, there are processes in bankruptcy that allow you to try to save your home.  The long answer is that your ability to do... Read More

Can they freeze my social security check if I owe a credit card bill?

Answered 9 years and 10 months ago by attorney Mr. Christiaan Mauritz Van Niekerk   |   1 Answer   |  Legal Topics: Bankruptcy
No they can not freeze or take that from you.
No they can not freeze or take that from you.

Will his bankruptcy affect the profit of my home sale?

Answered 9 years and 10 months ago by Ronald Karl Nims (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
The first question is, why did your ex quit claim his part of the house to you? If it was part of the divorce settlement, you're OK. If he just handed it to you with no reason, the trustee in his bankruptcy might be asking for 1/2 the house to be turned over to him/her. Assuming that's not a problem, since you own the house, all of the profit on the sale is yours. There is a $500,000 exemption for the profit on the sale of your primary residence, so you probably won't have to pay any income tax on the sale.... Read More
The first question is, why did your ex quit claim his part of the house to you? If it was part of the divorce settlement, you're OK. If he just... Read More

Unclaimed funds at the southern NY court

Answered 9 years and 11 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Bankruptcy
The trustee does this, not you.  Ignore it.
The trustee does this, not you.  Ignore it.

i lost foreclosure case.ct. but want to file bankrupsy

Answered 10 years and 2 months ago by Mark E. Cohen (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
You can file bankruptcy - probably either Chapter 7 or Chapter 13 - and if the circumstances are correct, you can apply to engage in loss mitigation through the bankruptcy procedures to try and modify your mortgage. If this is something you are interested in looking into, please feel free to call me on my cell to 516-967-6272. Thank you. Mark E. Cohen, Esq.... Read More
You can file bankruptcy - probably either Chapter 7 or Chapter 13 - and if the circumstances are correct, you can apply to engage in loss mitigation... Read More

Can my wife co-sign for a used vehicle for me if she is in bankruptcy?

Answered 10 years and 4 months ago by Ronald Karl Nims (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
How bad is your credit that you need someone who's in bankruptcy as a cosigner? That's like asking for handouts from a guy sleeping under a bridge. Maybe you should skip getting a new car for now, sounds like going further in debt is the last thing you need. But to answer your lame question. If your wife is in Chapter 7, she can cosign; if she's in Chapter 13, she can't.... Read More
How bad is your credit that you need someone who's in bankruptcy as a cosigner? That's like asking for handouts from a guy sleeping under a bridge. ... Read More

If I file for bankruptcy, will that protect me from further activity from the collection agency?

Answered 10 years and 4 months ago by Ms. Susan Green Taylor (Unclaimed Profile)   |   12 Answers   |  Legal Topics: Bankruptcy
No.
No.

My car was repossessed and I decided to file bankruptcy, do I still have to pay?

Answered 10 years and 4 months ago by Ms. Susan Green Taylor (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
No, they're just getting permission to sell it. You shouldn't owe anything to the creditor.
No, they're just getting permission to sell it. You shouldn't owe anything to the creditor.

I am a victim of identity theft, how do I get the debts cleared?

Answered 10 years and 5 months ago by attorney Mr. Christiaan Mauritz Van Niekerk   |   1 Answer   |  Legal Topics: Bankruptcy
You might have to file for bankruptcy to clear them up.
You might have to file for bankruptcy to clear them up.

Can they hold me liable if I spend a check that they wrongfully sent me?

Answered 10 years and 5 months ago by attorney Mr. Christiaan Mauritz Van Niekerk   |   1 Answer   |  Legal Topics: Bankruptcy
If the money is not yours, you should not spend it. It would be wrong and you know it. That is why you are asking .
If the money is not yours, you should not spend it. It would be wrong and you know it. That is why you are asking .
Bankruptcy
New York

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