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 7
Do you have any New York Bankruptcy questions page 7 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

Could I include my credit card debt in bankruptcy?

Answered 10 years and 7 months ago by Dorothy G. Bunce (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
You have two crucial questions was it okay to use the credit card that was taken out by someone else? If you became legally responsible for paying this card, your continued use of the card was fully legal. An easy way to find out would be by checking your credit report. Recent use of credit just before filing bankruptcy can be a problem, so if you have not stopped using these cards, now is the time to stop! As to your marriage, being married to a person who is financially stable may put you in the position of being ineligible to file bankruptcy and requiring your spouse's income to pay for your debts. If you make the decision to file bankruptcy, you should file before you get married rather than afterwards.... Read More
You have two crucial questions was it okay to use the credit card that was taken out by someone else? If you became legally responsible for paying... Read More

What could I do about a motorcycle credit card debt?

Answered 10 years and 7 months ago by Dorothy G. Bunce (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
They have to sue you and obtain a court judgment first. Lots of creditors that finance purchases through their store accounts use the financing in what appears to be the form of a credit card. In fact, the financing terms are really not different from the terms of any run of the mill car loan. It helps to read the fine print. Furniture and appliance stores, jewelers, electronics stores, and yes, the local motorcycle shop, all finance using a card to indicate the account but without the terms that credit cards typically involve because they retain the right to repossess.... Read More
They have to sue you and obtain a court judgment first. Lots of creditors that finance purchases through their store accounts use the financing in... Read More

What happens if I transfer my car title 16 months prior to my bankruptcy filing? How?

Answered 10 years and 7 months ago by Dorothy G. Bunce (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
The reason you have to list this transfer is because the bankruptcy code says so. Whether you or your friend have to pay this money to the trustee will depend on whether this sale was made under terms that would be considered fair. For example, that the car was worth only the $4,500 you received for it, and not $15,000. A big part of bankruptcy is being willing to comply with the law, because even for something of low importance, violating the bankruptcy law can turn you into a criminal.... Read More
The reason you have to list this transfer is because the bankruptcy code says so. Whether you or your friend have to pay this money to the trustee... Read More

Can someone garnish my paycheck without notification?

Answered 10 years and 7 months ago by attorney Mr. Christiaan Mauritz Van Niekerk   |   1 Answer   |  Legal Topics: Bankruptcy
No there has to be a judgement first.
No there has to be a judgement first.

What can I do regarding foreclosure hearings after Chapter 7 bankruptcy? How?

Answered 10 years and 7 months ago by Richard N. Gonzales (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
Not necessarily. I think your original attorney's advice is good.
Not necessarily. I think your original attorney's advice is good.

What happens if had chapter 7 discharged in 2010 and now have pending lawsuit?

Answered 10 years and 8 months ago by Dorothy G. Bunce (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Bankruptcy
Some context to your question certainly would allow me to answer your question with more accuracy. Was this a debt you owed at the time you filed bankruptcy? If so, then you can respond to the lawsuit by citing to In Re Beezley, which holds that omitting a creditor from a bankruptcy is unimportant, provided that the Chapter 7 was a ?no asset? case and creditors received no payment from the bankruptcy trustee. If this lawsuit is a result of a matter that occurred after your bankruptcy, you cannot rely on your 2010 bankruptcy to protect you from financial obligations that occurred after your bankruptcy was filed. You are not currently eligible to receive another Chapter 7 discharge and your only option in bankruptcy would be to participate in a payment plan such as Chapter 13.... Read More
Some context to your question certainly would allow me to answer your question with more accuracy. Was this a debt you owed at the time you filed... Read More

How does one stop wage garnishment?

Answered 10 years and 10 months ago by Richard N. Gonzales (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
You have to file BK to stop a wage assignment. Most creditors who have gone to the trouble of suing you, getting a judgment, and now are garnishing your wages are not very open to settlements. They will continue to garnish 25% of your net take home pay until the debt is paid in full! I charge a small fee for a one hour meeting to show you how everything works, and how BK works. I have successfully filed THOUSANDS of BK's, so I know I can help you.... Read More
You have to file BK to stop a wage assignment. Most creditors who have gone to the trouble of suing you, getting a judgment, and now are garnishing... Read More

Should I file for bankruptcy if I cannot pay attorney fees? How?

Answered 10 years and 11 months ago by Ronald Karl Nims (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
I would recommend that you make payment arrangements with an attorney. Because you have an uninsured accident case, it is more complex than most cases. It would be difficult to get the best results from an complex case without an attorney. One option would be to file the case without an attorney, then to hire an attorney immediately after you file. Then you could pay the attorney over several months.... Read More
I would recommend that you make payment arrangements with an attorney. Because you have an uninsured accident case, it is more complex than most... Read More

Can I reopen a Chapter 13 bankruptcy which was discharged in January 2014?

Answered 10 years and 11 months ago by Dorothy G. Bunce (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
This sounds like overkill to me, but without knowing more about the circumstances, it is impossible to provide a definitive answer to this question.
This sounds like overkill to me, but without knowing more about the circumstances, it is impossible to provide a definitive answer to this question.

If I didn't think I had to list all of my credit cards with my attorney until after he filed bankruptcy, what should I do?

Answered 11 years ago by Richard N. Gonzales (Unclaimed Profile)   |   13 Answers   |  Legal Topics: Bankruptcy
If your case is active, you can still amend your creditors and add any creditors previously omitted. Time is of the essence so act quickly. Good luck!
If your case is active, you can still amend your creditors and add any creditors previously omitted. Time is of the essence so act quickly. Good luck!

Should I sue my tenant for rent before he files for bankruptcy?

Answered 11 years ago by Richard N. Gonzales (Unclaimed Profile)   |   9 Answers   |  Legal Topics: Bankruptcy
As a practical matter, if you know he is going to file BK, why waste the court filing fee to sue the debtor/defendant? If you are not sure, you may want to file your lawsuit. If he does file BK, it depends on which type of BK he files. In most cases, unsecured creditors get nothing, or next to nothing, in a Chapter 7 or Chapter 13 filing. Good luck!... Read More
As a practical matter, if you know he is going to file BK, why waste the court filing fee to sue the debtor/defendant? If you are not sure, you may... Read More

Do you have to reaffirm mortgages to get refinanced?

Answered 11 years and a month ago by Jeffrey M. Cook (Unclaimed Profile)   |   9 Answers   |  Legal Topics: Bankruptcy
No,the lender could give you a new loan regardless of whether you reaffirmed the original loan - they just don't want to. It is nearly impossible to go back to court and reaffirm a mortgage after the case is closed, regardless of what the lender tells you.
No,the lender could give you a new loan regardless of whether you reaffirmed the original loan - they just don't want to. It is nearly impossible to... Read More

Do you have to reaffirm mortgages to get refinanced?

Answered 11 years and a month ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   9 Answers   |  Legal Topics: Bankruptcy
Reaffirmations can only be filed BEFORE you get the bankruptcy discharge, and it sounds like you got your discharge years ago. (Did you have a lawyer who knew his or her business? Bankruptcy is not a really simple area of law.) Discuss with your proposed lender that you neglected to reaffirm, but that you have been 100% on time with all payments (if this is true)reaffirmation or not. That is probably the strongest indication that you will pay faithfully in the future. Good Luck.... Read More
Reaffirmations can only be filed BEFORE you get the bankruptcy discharge, and it sounds like you got your discharge years ago. (Did you have a lawyer... Read More

How do I get by attorney to add asset to schedules in chapter 13 bankruptcy?

Answered 11 years and a month ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
It sounds like your lawyer is lazy and perhaps inexperienced. Those of us who have worked with foreclosures and real estate and bankruptcy for quite a few years learn about the kind of situation you mention. I suggest you find another lawyer. Failing that, instruct your lawyer to amend your schedules A and C (at least) to list, on A, the property with its legal description, and on C, that it is exempt (if it is, as seems likely). You'll have to sign the amendment. If this bird will not do it for you promptly (if you give him the legal description it should take twenty minutes or so if he knows his business), either do it yourself or definitely have another lawyer take over. Good Luck.... Read More
It sounds like your lawyer is lazy and perhaps inexperienced. Those of us who have worked with foreclosures and real estate and bankruptcy for quite... Read More

What can be done if my ex-boyfriend bought furniture with my credit and is not making the payments?

Answered 11 years and a month ago by Andrew Tyler Velonis (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
You will be held responsible for paying this money. As far as the finance company is concerned, they loaned the money to you and any deal you made with anyone else is your problem. I know that sounds harsh, but that's the way they look at it. You can sue the ex-BF, but then you have to collect. Tell the finance company to go ahead and repo the furniture. They will, and then will sell it for cheap and sue you for the difference. When they do, bring a third-party action against the ex-BF.... Read More
You will be held responsible for paying this money. As far as the finance company is concerned, they loaned the money to you and any deal you made... Read More
No it does not, that is why the agreement is there.
No it does not, that is why the agreement is there.

How do I answer question 18 of my Statement of Financial Affairs?

Answered 11 years and 2 months ago by Ronald Karl Nims (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
In nature of business also put what your work is: software designer or home repair/remodel etc.
In nature of business also put what your work is: software designer or home repair/remodel etc.

Is there time limitation for HOA before trying to collect for past accounts?

Answered 11 years and 2 months ago by Richard N. Gonzales (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
Six year statute of limitations on the collection of a debt. It runs from the date of the last payment. The collection period may be tolled during the BK period (approx 4 mos). Pay an experienced attorney for one hour of their time to review this matter with you.
Six year statute of limitations on the collection of a debt. It runs from the date of the last payment. The collection period may be tolled during... Read More

Is it legal for them to charge me $50 to get my stuff back?

Answered 11 years and 3 months ago by Ronald Karl Nims (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
The lender has no right to keep your personal property which was in the car. So they have no right to charge you to return the property.
The lender has no right to keep your personal property which was in the car. So they have no right to charge you to return the property.

If I should file a claim, what value should I use, current value, if any, or what I paid for the stock?

Answered 11 years and 4 months ago by Ronald Karl Nims (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
Without reading the notices that you received, I don't know for certain, but generally stockholders don't receive payment in a Chapter 11.
Without reading the notices that you received, I don't know for certain, but generally stockholders don't receive payment in a Chapter 11.
No there is no such thing unless he has a warrant to do so.
No there is no such thing unless he has a warrant to do so.

What legal action can I take to declare repossession of the equipment if the customer has not come back to pick up by my certain imposed deadline?

Answered 11 years and 4 months ago by Andrew Tyler Velonis (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
You may be able to file an "aritsan's lien" and then foreclose on it. Once done, you can sell it, and if it does not bring enough to pay for your expenses and your work, then you can sue the owner for the difference. Of course, if you get more than what you would otherwise be paid, you have to refund the difference.... Read More
You may be able to file an "aritsan's lien" and then foreclose on it. Once done, you can sell it, and if it does not bring enough to pay for your... Read More

If my loan modification was been completed and signed by the bank and I only have a small amount of debt should I let my case be dismissed?

Answered 11 years and 5 months ago by Ronald Karl Nims (Unclaimed Profile)   |   10 Answers   |  Legal Topics: Bankruptcy
On one hand, you have $10,000 of unsecured debt that will be dismissed in the Chapter 13. On the other hand, you have to modify the Chapter 13 plan to make the new mortgage payments and that will affect how much will be paid to the unsecured creditors. You need to run the numbers both ways and decide which is your best option.... Read More
On one hand, you have $10,000 of unsecured debt that will be dismissed in the Chapter 13. On the other hand, you have to modify the Chapter 13 plan... Read More

How long will it take for them to return my garnished wages?

Answered 11 years and 5 months ago by Derek W. Freeman (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
I would contact the creditor and demand a return of the money. If they refuse, you will have to reopen your bankruptcy case and start an adversary proceeding to get the money back.
I would contact the creditor and demand a return of the money. If they refuse, you will have to reopen your bankruptcy case and start an adversary... Read More

If a final judgment has been interred can bankruptcy stop the sale?

Answered 11 years and 5 months ago by Ronald Karl Nims (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
I'm assuming that the final judgment has been entered rather than interred (buried). Yes, filing bankruptcy before the sale occurs will stop the sale. The question is can you permanently stop the sale by paying off or making current the debt in a Chapter 13. If you can't afford the make the necessary payments in a Chapter 13, then you're just getting a temporary delay in the sale. If your fiance isn't on the mortgage, it isn't possible to collect from her.... Read More
I'm assuming that the final judgment has been entered rather than interred (buried). Yes, filing bankruptcy before the sale occurs will stop the... Read More