Dunkirk, NY asked in Bankruptcy for New York

Q: I'm trying to find out how to get legal advice on bankruptcy or filing chapter 11 or the best rid of credit card debt

I'm disable with the pandemic that's going on can't afford to pay

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

A: You need to speak to a lawyer. Unless you are a business, you can not file chapter 11.

Daniel Michael Luisi and Timothy Denison agree with this answer

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: You need to consult a bankruptcy lawyer. You may be able to file chapter 7 or chapter 13, but chapter 11 is for business reorganization only.

Daniel Michael Luisi agrees with this answer

Daniel Michael Luisi
Daniel Michael Luisi
Answered
  • BROOKLYN, NY
  • Licensed in New York

A: If you have no assets or taxable income (for example you are on SSI), or very low income, Chapter 7 may be a good option. Alternatively settling the credit card debts individually may be a good option especially by doing so you may be able to damage your credit less, as a bankruptcy will remain on your reports for 7 years, and can make it very difficult to obtain credit, housing, and many other benefits. Feel free to contact me for a free evaluation.

Carl Nelson
Carl Nelson
Answered
  • Bankruptcy Lawyer
  • Rye Brook, NY

A: 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 streamlined repayment bankruptcy developed for individual filers, and chapter 7 is an even simpler bankruptcy filing (and sometimes more effective) for those under certain income limits.

Bankruptcy can be very complicated and may substantially affect your legal and financial rights; so I would highly recommend you consult with a New York bankruptcy attorney; many including my office offer free consultations.

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