Bronx, NY asked in Bankruptcy for New York

Q: once a motion for bankruptcy is approved and finalized by a bankruptcy court, can a creditor still come after assets?

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3 Lawyer Answers
Derek John Soltis
Derek John Soltis
Answered
  • Bankruptcy Lawyer
  • Jersey City, NJ
  • Licensed in New York

A: It depends. For instance, if you have a chapter 13 and you do not make your mortgage payments the bank can ask to lift the automatic stay. And if the stay is lifted they can go after the house.

If you file a chapter 7 and own a car, and stop making payments the creditor can ask for the stay to be lifted or wait for the discharge and then go after the car.

I can keep giving examples, so I suggest you call an attorney and go over your specific situation outside of a public forum.

Timothy Denison agrees with this answer

Howard E. Knispel
Howard E. Knispel
PREMIUM
Answered
  • Bankruptcy Lawyer
  • Commack, NY
  • Licensed in New York

A: First a bankruptcy petition is complicated. There are 2 types of personal bankruptcies, Chapter 7 and Chapter 13. In a petition, there is a form to exempt assets. Also there is a form called a statement of intention, which allows the debtor to decide what their intention is with secured property, to keep it and reaffirm the debt, redeem the property totally, or surrender the property. The answer to your question depends on these factors. In general, property that is totally exempt and not encumbered as a secured debt, can not be touched by creditors. You should talk to your bankruptcy attorney.

Timothy Denison agrees with this answer

Karra Kingston
Karra Kingston
Answered
  • Bankruptcy Lawyer
  • Staten Island , NY

A: This would depend on which chapter of bankruptcy that you are filing. Chapter 7 or a Chapter 13 provide for two different outcomes. Generally property that is exempt is safe from creditors.

Timothy Denison agrees with this answer

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