Q: "earned but unpaid wages received within 60 days of filing for bankruptcy"??
I am filing bankruptcy in New York. There is an exemption I may be eligible for, to protect some cash that i have, but i dont understand the wording:
Wages
5205 - 90% of earned but unpaid wages received within 60 days of filing for bankruptcy
How can my wages be both "unpaid" and "received?"
Thanks
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A: Chapter 7 Bankruptcy is not simply filling out forms. Trying to handle this matter yourself is not wise. You do not know the USBC, you do not know the local rules of Bankruptcy and if there was an adversary proceeding started against you, or an objection filed to your plan, you would be like a deer in the headlights. To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation with an experienced NY bankruptcy attorney. Use AVVO's Find a Lawyer tool to select a qualified attorney. Good luck. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the local attorney.
Jonathan David Warner agrees with this answer
A:
The nature of your question reflects that you probably should not be filing on your own - that is, if this is your plan. Bankruptcy is more than just filing out forms... it's knowing which information to enter into which form.
Remember, all Bankruptcy documents are signed under penalty of perjury and a declaration of reasonable due diligence - this means that an error can sometimes be construed to be something much more serious than it really should be.
The best way to avoid this potential pitfall, and many others related and otherwise, is to consult with an attorney before you move forward with any game plan.
Good luck!
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