To be confirmed, a Ch. 13 Plan must be both feasible, and must provide to unsecured creditors the "indubitable equivalent" of what they would receive in a Ch. 7.

You do not provide any financial circumstances/facts. Consult with an experienced lawyer in NY who can review your... View More

I agree with Mr. Winterstein that the best initial course of action is to consult with an experienced attorney.

While a plan payment of zero for a particular month is not prohibited by the bankruptcy code, plans of repayment must be filed in good faith. A plan proposing to pay zero is... View More

You can not file a Chapter 7 within 8 years of your previous Ch. 7. A Ch. 13 requires you to have a payment plan (and can not be 0). It has to be feasable based on your disposable income. Consult an attorney.

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answered on Sep 8, 2023

Given your current financial situation with little to no disposable income and unsecured non-priority debt, it might be possible for you to propose a Chapter 13 plan with low or possibly even zero payments to unsecured creditors, although the feasibility of such a plan will ultimately be determined... View More

File a claim with the New York State Department of Labor. Non-payment of wages is the responsibility of the owner, if the company does not pay. File a proof of claim in the bankruptcy. As to a labor lawyer, these kinds of cases are usually on contingency, so talk to labor lawyers that do wage... View More

Did the company file Chapter 11 or 7? Wages are not dischargeable in bankruptcy. There maybe an eliment of fraud here so you may want to file an adversarial proceeding. An employment lawyer may not be well versed in bankruptcy law. You should seek out counsel experienced in adversarial... View More

They could be. Yes. You need to file a proof of claim for the wages in the bankruptcy. You should also consult a bankruptcy lawyer regarding a possible adversarial proceeding based on fraud that you might file against the company within the bankruptcy.

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answered on Sep 8, 2023

I'm sorry to hear about the challenging situation you and your fellow interns are experiencing. In a bankruptcy case, wages owed to employees are often treated as priority unsecured debts, which means they are among the first debts to be paid, albeit potentially only partially, from the... View More

You can absolutely file for bankruptcy before the divorce is finalized. Your impending divorce is something you'll definitely want to discuss with your bankruptcy lawyer, as it has implications as to what chapter for which you are eligible to file. For instance, if you are separated, your... View More

You can file a bankruptcy, but there may (or may not) be reasons to wait until the divorce is finalized. There are a lot of factors that go into when to file a bankruptcy, under what chapter, etc., and major life changes like a divorce are intertwined with those factors. The best advise you will... View More

Your questions are of a mostly general nature and really do require that you consult with an attorney to determine whether a bankruptcy filing is justified, if so under which chapter, and a host of other issues that would need to be reviewed. Whether you find an attorney to represent you pro bono... View More

You did not indicate when the judgment was entered, but I would assume it would be some time ago and it may be too late to vacate the judgment—but this would depend on some of the dates and other circumstances.

Barring a vacatur of judgment, you could contact (personally or through an... View More

You need to identify the proper exemptions to file under the EIPA. This requires knowledge of the law to fully take advantage of these rights. If you present valid legal exemptions supported by documentation, and the bank still proceeds to comply with the garnishment, you may need to file an Order... View More

As my colleagues correctly advise, seek consultation with counsel. The timeline is not indicated here, or whether you reached settlement through negotiation or through trial. Regardless of whether the carrier's outstanding claim liabilities are picked up by a state-guaranteed entity or fund,... View More

If the insurance company which was going to pay your settlement filed for bankruptcy or went under, you will have needed to file a claim with the NY Liquidation Bureau which acts as a receiver for insolvent insurance companies, https://www.nylb.org/home.htm Although the NY Liquidation Bureau will... View More

Bankruptcy can be a long and sometimes frustratingly-slow process for creditors. However, bankruptcy is guided by a complex mix of federal bankruptcy law, bankruptcy and local rules and other areas of state and federal law. In short, it is complicated and often has very important deadlines that... View More

Insurance companies are not eligible for bankruptcy relief, by the express provisions of the Bankruptcy Code.

Instead, when an insurance company is no longer financially viable, it files an insolvency proceeding in the applicable state courts, which vary from state to state.

To... View More

If the state court issued a judgment of foreclosure, even if you believe that the note and mortgage were somehow void, your remedy would be to challenge that judgment in that court with a motion to reargue or an appeal to the higher state court. If you try to collaterally attack it in a bankruptcy... View More

Yes and no. It applies State law if the claim is not final in State court. If it has been made final in state court, then the bankruptcy court must honor the state court judgment. There are bankruptcy options to modify, etc., even if there is a judgment.

While individuals are permitted to file under chapter 11 and routinely do so, because of the cost and complexity, it is not often the best chapter for individuals unless the filer's debt levels are extremely large and exceed the chapter 13 debt limits.

Chapter 13 is the more... View More