Conversion to Chapter 13 is a possible option. No one online will really be able to tell you what the best answer is because this is a complex matter that you must discuss in detail with an attorney.

That is likely to be a problem as it will probably be considered a "fraudulent transfer". Speak to a local bankruptcy attorney for possible solutions, as there may still be a way for you to file that doesn't cause a problem for you or your children.

Properly timing the date of filing your case can be key to ensuring that you do not unnecessarily lose assets in the bankruptcy. Your attorney should be able to guide you through this. If you do not have an attorney, this is one of many reasons why you should obtain one.

The answer often depends on your local practice. If your plan is not paying 100% to unsecured creditors, an increase in income may be a basis for you to pay more through your plan. Check with your attorney (or if you filed without one, call around for one) before making any extra payment not... View More

Creditors do not have to report to the credit bureaus. If you didn't reaffirm the mortgage, you aren't personally liable on the debt, and the mortgage company generally would stop reporting. The mortgage company retains its lien and you must continue paying to avoid foreclosure.

You cannot file for bankruptcy on only one debt - all of your debts must be listed and are affected. You may want to consider seeing a debt settlement attorney in your area, perhaps you can work out a favorable settlement on this one debt.

No, they have a right to display such signs.

Assuming your judgment of divorce or settlement agreement awards you a share of the 403(b) account, you will likely need a Qualified Domestic Relations Order (QDRO) to receive your funds. Seek out an attorney in your local area who handles QDROs.

Visit the New York State Unified Court System website, and search the attorney directory.

If the 401(k) is a marital asset to be divided, the loan balance could be taken into account when dividing the 401(k) (so as to reduce your spouse's share of the 401(k)).

She can be sued, the question will be whether the creditor will be able to collect anything from her. That will depend largely on what assets she has, and her state's laws. Consider seeing an attorney to determine whether she can be considered "judgment proof".

No, while that is one of the grounds for divorce, nearly all divorces now proceed under the so-called "no-fault" ground of the irretrievable breakdown of the marriage over the past 6 months. You do not need to first get a separation to begin the divorce process.

Unless you made an agreement regarding those payments with your ex, and you can prove it, you likely won't have any claim.

If you make a purchase with no intent to repay it, the creditor can make a case against you for fraud. In the bankruptcy context, this means that the creditor may be able to have that debt declared nondischargeable, or you could be denied your discharge entirely.

Child support in New York State continues through age 21, unless it can be shown that the child is emancipated. Clearly, emancipation is not a factor in your situation. Unless you signed an agreement that provides otherwise, your child support obligation will continue until he turns 21.

You cannot obtain a power of attorney on someone without their knowledge.

The costs of bankruptcy vary, even in a specific geographic area. You should contact bankruptcy attorneys in your area to request an estimate of their fees. You can use the "Find a Lawyer" tab on this site, or you can search on the NACBA (National Association of Consumer Bankruptcy... View More

Whether the amount of your housing expense will have an impact in your potential bankruptcy case can be determined by a full evaluation of your income vs. expenses. There is no one answer. It is not too early to seek a bankruptcy attorney who can guide you at this stage.

The best way to resolve your confusion is to make an appointment with an experienced bankruptcy lawyer in your area. Many bankruptcy lawyers offer free consultations. Bankruptcy does not ruin you financially for life, many individuals who file are able to reestablish their credit relatively... View More

You should file a support modification petition in the Family Court, the sooner the better. Forms should be available at the court, and also online at the New York State Unified Court System website. You probably want to file a custody/visitation modification petition as well.