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Questions Answered by Todd Alan Morth
6 Answers | Asked in Bankruptcy for New York on
Q: Filed ch7 bankruptcy 5 yrs ago. Need to file again. Unsecured debt only, under median income no disposable income.

My chapter 7 filed and discharged 5 years ago. My income is under the median income for my state. I have no non exempt assets and only have unsecured non priority debt. I have very little disposable income. Is chapter 13 an option? Would I be able to propose to pay 0.00 to unsecured claims?

Todd Alan Morth
Todd Alan Morth
answered on Aug 17, 2023

The Court cannot confirm a plan when you have no disposable income to fund the plan or when the plan proposes 0.00% repayment to your unsecured creditors. You should consult with local bankruptcy attorney to see what your options are to manage your debt. While a Chapter 13 maybe an option for... View More

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1 Answer | Asked in Bankruptcy and Real Estate Law for New York on
Q: NY Chap 7 dischrg in 2019 still residing in home in foreclosure awaiting auction. still have the right to file chap 13??
Todd Alan Morth
Todd Alan Morth
answered on Nov 5, 2022

You are able to file a Chapter 13 in this situation. However, you may not receive a Discharge in this new Chapter 13 case because you may have received a Discharge in a Chapter 7 bankruptcy filed within the prior 4 years. Even if you cannot receive a Discharge, you can still file a Chapter 13... View More

3 Answers | Asked in Bankruptcy and Consumer Law for Maryland on
Q: I have $45000 in debt, a "debt resolution" lawyer is telling me to enroll on their program. Their fee is $500 per month

I have $45000 in debt, a "debt resolution" lawyer is telling me to enroll on their program. Their fee is $500 per month for 36 months for a total of $18000. He said once the program is completed Ill be debt free. Im very skeptical of how would I be debt free if I am only paying their... View More

Todd Alan Morth
Todd Alan Morth
answered on Oct 21, 2022

You are right to be skeptical. There is no certainty that your creditors will agree to settle your debts. A 'good settlement' now is typically 50 cents on the dollar, with many creditors requiring an even higher amount. You are only paying enough money to offer your creditors 40 cents... View More

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