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 6
Do you have any New York Bankruptcy questions page 6 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.

Recent Legal Answers

Are we going to lose our house if I file for bankruptcy?

Answered 10 years and 6 months ago by Richard N. Gonzales (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
The best advice I can give you is to meet with an experienced BK lawyer. Some lawyers charge a small fee for a one hour meeting. Pay the fee and get your options. Now is not the time to skimp! You have too much to lose. Good luck!
The best advice I can give you is to meet with an experienced BK lawyer. Some lawyers charge a small fee for a one hour meeting. Pay the fee and get... Read More

Can I file bankruptcy after starting a short sale?

Answered 10 years and 6 months ago by Ronald Karl Nims (Unclaimed Profile)   |   9 Answers   |  Legal Topics: Bankruptcy
Filing bankruptcy will cancel any pending short sale and will delay getting a new short sale by several months. I would recommend that you complete the short sale, then file bankruptcy.
Filing bankruptcy will cancel any pending short sale and will delay getting a new short sale by several months. I would recommend that you complete... Read More

Am I allowed to use it for a small purchase and pay it off right away, to help build my credit back?

Answered 10 years and 7 months ago by Ronald Karl Nims (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
In my district, there is a limit of $1,000 of credit that can be incurred without court approval. Check your plan to see what the limit is there.
In my district, there is a limit of $1,000 of credit that can be incurred without court approval. Check your plan to see what the limit is there.

Should I sign a quit claim deed on a house after filing bankruptcy? How?

Answered 10 years and 7 months ago by Ronald Karl Nims (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
Generally yes. There are liabilities inherent in owning a house, if you're no longer involved in it, the quit claim will eliminate your liability.
Generally yes. There are liabilities inherent in owning a house, if you're no longer involved in it, the quit claim will eliminate your liability.

Would wages be garnished after Chapter 7 bankruptcy?

Answered 10 years and 7 months ago by Ronald Karl Nims (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
They can't garnish your wages, or take any other collection action, if the debt arose before you filed the 2009 bankruptcy.
They can't garnish your wages, or take any other collection action, if the debt arose before you filed the 2009 bankruptcy.

Do we have to talk with our lender during the foreclosure process and why?

Answered 10 years and 7 months ago by Ronald Karl Nims (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
You've already had a foreclosure suit filed against you so your credit is shot. Depending on your state and county, an unopposed mortgage action can take anywhere from 2 months to 6 months. By filing a answer in the mortgage action that goes up by several months. There is no income from "forgiveness of indebtedness" due to a foreclosure, if the house sells for less than you owe, the lender has a judgment for the deficiency, so they can garnish your wages, seize your bank account, etc. In order to get the negative equity eliminated you need to have the bank accept a short sale or a deed in lieu. Bankruptcy will eliminate the deficiency and delay the foreclosure.... Read More
You've already had a foreclosure suit filed against you so your credit is shot. Depending on your state and county, an unopposed mortgage action can... Read More

If it legal for the bank to make my co-signer cover our loan after I filed bankruptcy and why?

Answered 10 years and 7 months ago by Dorothy G. Bunce (Unclaimed Profile)   |   9 Answers   |  Legal Topics: Bankruptcy
The co-signer guaranteed that s/he would pay the loan if you did not pay. So what do you think was the purpose of requiring a co-signer other than to make sure this debt would be paid if you did not pay?
The co-signer guaranteed that s/he would pay the loan if you did not pay. So what do you think was the purpose of requiring a co-signer other than... Read More
Yes if the co signer did not file bankruptcy they can.
Yes if the co signer did not file bankruptcy they can.

If it legal for the bank to make my co-signer cover our loan after I filed bankruptcy and why?

Answered 10 years and 7 months ago by Richard N. Gonzales (Unclaimed Profile)   |   9 Answers   |  Legal Topics: Bankruptcy
Unfortunately, yes. You filed BK, not the consignor. This is exactly why lenders want consignors!
Unfortunately, yes. You filed BK, not the consignor. This is exactly why lenders want consignors!

If it legal for the bank to make my co-signer cover our loan after I filed bankruptcy and why?

Answered 10 years and 7 months ago by Linda S Novakov (Unclaimed Profile)   |   9 Answers   |  Legal Topics: Bankruptcy
Yes. That is the purpose of a co-signer. If one party cannot, the co-signer becomes responsible for the debt.
Yes. That is the purpose of a co-signer. If one party cannot, the co-signer becomes responsible for the debt.

If it legal for the bank to make my co-signer cover our loan after I filed bankruptcy and why?

Answered 10 years and 7 months ago by Daniel T. Garner (Unclaimed Profile)   |   9 Answers   |  Legal Topics: Bankruptcy
Yes, the purpose of a co-signer is to provide another guarantor for the loan. They remain liable unless they also file bankruptcy.
Yes, the purpose of a co-signer is to provide another guarantor for the loan. They remain liable unless they also file bankruptcy.

If it legal for the bank to make my co-signer cover our loan after I filed bankruptcy and why?

Answered 10 years and 7 months ago by Marc S Stern (Unclaimed Profile)   |   9 Answers   |  Legal Topics: Bankruptcy
Yes. That is the reason that creditors get co-signers. So that when the principal defaults, there is someone else to pursue.
Yes. That is the reason that creditors get co-signers. So that when the principal defaults, there is someone else to pursue.

If it legal for the bank to make my co-signer cover our loan after I filed bankruptcy and why?

Answered 10 years and 7 months ago by Patrick William Currin (Unclaimed Profile)   |   9 Answers   |  Legal Topics: Bankruptcy
Yes, they cannot collect from you so they must look to the co-signer.
Yes, they cannot collect from you so they must look to the co-signer.

If it legal for the bank to make my co-signer cover our loan after I filed bankruptcy and why?

Answered 10 years and 7 months ago by Kathryn Ursula Tokarska (Unclaimed Profile)   |   9 Answers   |  Legal Topics: Bankruptcy
Yes it is legal. When a person agrees to co-sign on a debt, they agree to be responsible for re-payment of that debt. If the loan is not paid by one party, the creditor can seek payment from the other. If you received a discharge in BK but the co-signor hasn't joined you as a spouse in your BK or filed their own BK and received a discharge, the co-signor's obligation remains post your BK. In other words, your BK protection doesn't extent do other people who agreed by contract to be responsible for repayment.... Read More
Yes it is legal. When a person agrees to co-sign on a debt, they agree to be responsible for re-payment of that debt. If the loan is not paid by... Read More

If it legal for the bank to make my co-signer cover our loan after I filed bankruptcy and why?

Answered 10 years and 7 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   9 Answers   |  Legal Topics: Bankruptcy
This question, based on events in 2010, reaches me in August 2015. I assume this problem has long since been resolved. If I am missing something, please re-post your question with more information.
This question, based on events in 2010, reaches me in August 2015. I assume this problem has long since been resolved. If I am missing something,... Read More

Could payday loan companies garnish your wages?

Answered 10 years and 7 months ago by Richard N. Gonzales (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
Yes. Any creditor can if they get a judgment against you.
Yes. Any creditor can if they get a judgment against you.
You will still be liable even if they separate that does not matter.
You will still be liable even if they separate that does not matter.

Could I file bankruptcy if I cannot afford my mortgage or bills?

Answered 10 years and 7 months ago by Ronald Karl Nims (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
Bankruptcy sounds like a good option for you, I would recommend that you put the trailer on the 5 acres you own and move into it before you file the bankruptcy. That way, the trailer and five acres are covered by your homestead exemption?
Bankruptcy sounds like a good option for you, I would recommend that you put the trailer on the 5 acres you own and move into it before you file the... Read More

What do I do to stop my creditor from allowing me to continue to make payments, then once it's almost paid off, repossess it?

Answered 10 years and 7 months ago by Dorothy G. Bunce (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
Lots of vehicle lenders will pull this stunt if you don't reaffirm, which is why I always consider a redemption of the vehicle during the bankruptcy.
Lots of vehicle lenders will pull this stunt if you don't reaffirm, which is why I always consider a redemption of the vehicle during the bankruptcy.

If I passed away do my children still get my house if I never reaffirmed my loan if I am current and never been late on any payments?

Answered 10 years and 7 months ago by Ms. Susan Green Taylor (Unclaimed Profile)   |   15 Answers   |  Legal Topics: Bankruptcy
That would be a yes.
That would be a yes.

If we receive money from an insurance policy while in Chapter 13, do we have to report it to the trustee?

Answered 10 years and 7 months ago by Patrick William Currin (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
That would be a yes.
That would be a yes.

Is there a way to keep my two cars after bankruptcy?

Answered 10 years and 7 months ago by Ms. Susan Green Taylor (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
That would be a yes.
That would be a yes.

Can I file bankruptcy if Iโ€™m on SSI, clean my debt and keep my car in monthly payment?

Answered 10 years and 7 months ago by Richard N. Gonzales (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
That would be a yes.
That would be a yes.

Is it possible to file bankruptcy with SSI?

Answered 10 years and 7 months ago by Richard N. Gonzales (Unclaimed Profile)   |   9 Answers   |  Legal Topics: Bankruptcy
That would be a yes.
That would be a yes.

Is it possible to file bankruptcy with SSI?

Answered 10 years and 7 months ago by Charles J. Schneider (Unclaimed Profile)   |   9 Answers   |  Legal Topics: Bankruptcy
That would be a yes.
That would be a yes.