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Questions Answered by John Peter Brooke
1 Answer | Asked in Bankruptcy and Child Support for New York on
Q: Hi Im a non-custodial father, my son is 18 years of age I've been out of work for 21 months, can back pay be modified?

Does the amount to be payed fluctuate if my employment status changes? Please help thank you

John Peter Brooke
John Peter Brooke answered on Apr 3, 2018

You can't discharge child support arrears in bankruptcy but can pay them back in a chapter 13. If you are out of work through no fault of your own and have been trying to get a job you may want to file a modification petition in family court. In general, you can't change back payments... Read more »

2 Answers | Asked in Bankruptcy for New York on
Q: in ny state if i give my house to my step member and have life time living do i still own the home
John Peter Brooke
John Peter Brooke answered on Apr 3, 2018

I agree with the previous answer that you have a life estate and the remainder interest passes to the step member (?) after you pass. Your life estate has value and you should speak to a lawyer before you transfer real estate out of your name if you are contemplating filing for bankruptcy. If you... Read more »

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5 Answers | Asked in Bankruptcy for New York on
Q: I just filed chapter 7 bankruptcy on 2/14/18. I discovered a bill that I didn't include. Can I add it now?
John Peter Brooke
John Peter Brooke answered on Apr 3, 2018

Generally in the Eastern District of NY you shouldn't have to go through the formal process of amending to add the creditor. Usually just sending the creditor a notice of the filing and discharge is sufficient. Most Judge's in the EDNY would consider the debt discharged if your case was a... Read more »

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