New York, NY asked in Bankruptcy for New York

Q: Filed ch7 bankruptcy 5 yrs ago. Need to file again. Unsecured debt only, under median income no disposable income.

My chapter 7 filed and discharged 5 years ago. My income is under the median income for my state. I have no non exempt assets and only have unsecured non priority debt. I have very little disposable income. Is chapter 13 an option? Would I be able to propose to pay 0.00 to unsecured claims?

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6 Lawyer Answers
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
Answered
  • Bankruptcy Lawyer
  • Boyertown, PA

A: To be confirmed, a Ch. 13 Plan must be both feasible, and must provide to unsecured creditors the "indubitable equivalent" of what they would receive in a Ch. 7.

You do not provide any financial circumstances/facts. Consult with an experienced lawyer in NY who can review your specific financial situation and advise you best course.

Carl Nelson , Jonathan David Warner and Timothy Denison agree with this answer

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

A: I agree with Mr. Winterstein that the best initial course of action is to consult with an experienced attorney.

While a plan payment of zero for a particular month is not prohibited by the bankruptcy code, plans of repayment must be filed in good faith. A plan proposing to pay zero is really not proposing a plan that can be implemented and will run into opposition on that ground, for one thing because the plan’s purpose itself is to make distributions. In addition the bankruptcy code states that a debtor “shall commence making payments” within 30 days of filing. The code also gives the bankruptcy judge the power to “increase…the payments required.”

Finally, you note that you have some, if little, disposable income—that would need to be contributed to a plan for at least three years. There are numerous other factors that are relevant to the decisions you make, and you would most surely benefit from qualified counsel.

Timothy Denison and Todd Alan Morth agree with this answer

1 user found this answer helpful

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

A: You can not file a Chapter 7 within 8 years of your previous Ch. 7. A Ch. 13 requires you to have a payment plan (and can not be 0). It has to be feasable based on your disposable income. Consult an attorney.

Timothy Denison and Jonathan David Warner agree with this answer

1 user found this answer helpful

Todd Alan Morth
Todd Alan Morth
Answered
  • Bankruptcy Lawyer
  • Buffalo, NY
  • Licensed in New York

A: The Court cannot confirm a plan when you have no disposable income to fund the plan or when the plan proposes 0.00% repayment to your unsecured creditors. You should consult with local bankruptcy attorney to see what your options are to manage your debt. While a Chapter 13 maybe an option for you, depending on your circumstances you might want to wait 3 years and file another Chapter 7.

Jonathan David Warner and Timothy Denison agree with this answer

Michael O'Leary
Michael O'Leary
Answered
  • Bankruptcy Lawyer
  • Middletown, NY
  • Licensed in New York

A: In the Poughkeepsie Division of the SDNY, where I practice, for a Chapter13 Plan to be confirmed it must provide for a monthly payment of at least $50 to $75. Your payment may have to be greater, in order to comply with the hypothetical liquidation analysis prong of the requirements for confirmation. Suggest you contact a competent bankruptcy attorney to proceed.

Timothy Denison agrees with this answer

1 user found this answer helpful

James L. Arrasmith
PREMIUM
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Answered
  • Bankruptcy Lawyer
  • Sacramento, CA

A: Given your current financial situation with little to no disposable income and unsecured non-priority debt, it might be possible for you to propose a Chapter 13 plan with low or possibly even zero payments to unsecured creditors, although the feasibility of such a plan will ultimately be determined by the bankruptcy court. To ensure you approach this correctly and understand all your options, I would advise you to consult with a bankruptcy attorney who can assess your individual circumstances and guide you in proposing a plan that would be acceptable to the court.

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