Get free answers to your Bankruptcy legal questions from lawyers in your area.
My husband and I are considering filing for Chapter 13 bankruptcy due to being heavily in debt compared to our assets. Our debt includes significant credit card balances and the repossession of a non-working automobile. We have never filed for bankruptcy before. Could you let us know what the fees... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 27, 2025
You need to have a consultation with an experienced NY Bankruptcy attorney, who will explain the Chapters of Bankruptcy to you and in the consultation, the attorney will explain what the legal fee and other charges are. Good luck.
I received a refund from a foreclosure in Florida, which was sent to New York as unclaimed funds without notification. New York is withholding these funds, stating I'm not eligible unless they find reserve money. Can New York legally hold funds due to me from Florida under these circumstances,... View More
answered on Mar 21, 2025
More information is needed to properly answer your question.
I am in the process of filing paperwork to become the executor of my husband's estate after his recent passing. I have recently received paperwork indicating that I am in danger of losing my home due to foreclosure, and I need to respond urgently. The house is the only asset involved in the... View More
answered on Mar 18, 2025
If the foreclosure was just filed (as your questions suggests) it may not yet be the right to to consider a bankruptcy; especially if that is the only issue you are trying to resolve. If by "paperwork" you were referring to a notice of a sale, then that is a different story and you may... View More
I'm in the process of a Chapter 7 bankruptcy, which is being dismissed at my own will since I can now pay off the debt. I understand that a discharged bankruptcy might take 1-4 years to secure a home loan, but what is the typical waiting period for taking out a home loan after a bankruptcy... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 9, 2025
There is no such thing as a typical waiting period under the circumstances you have described. Especially now that mortgage lenders are tightening their lending requirements. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely... View More
I'm an Air Traffic Controller applying for a Public Trust clearance and have concerns about my background. Since August 2024, I've been in contact with a woman from Colombia, sending her money occasionally for living expenses. I filed for Chapter 13 bankruptcy in November 2024 but am... View More
answered on Mar 7, 2025
Because his Ch13 is a given and he is not asking about his Ch13, his question is NOT a bankruptcy question, it's a Public Trust clearance question.
I am planning to file for Chapter 7 bankruptcy and need advice on how to handle the vehicles in my name. My wife's car is financed and currently has no equity. I own a van worth about $4,000, which I intend to keep. Additionally, I have an unregistered, non-working vehicle valued at around... View More
answered on Feb 17, 2025
The vehicles should not present any problems in a Chapter 7 filing. The $4,000 van will be exempt from your Trustee's liquidation efforts. The wife's vehicle with no equity will not be liquidated by the Trustee--if you want to keep the vehicle just continue making the monthly payments.... View More
Hello, thank you for taking the time to read this. I have been struggling with over $100,000 in debt from student loans, a car loan, and credit cards over the past five years. My credit score dropped from 760 to 548 in one year, leading me to consider bankruptcy in 2022. However, after consulting a... View More
answered on Nov 24, 2024
You made the right decision by consulting with an attorney; this forum would not be a substitute for that type of in-depth consultation. If you are not confident in the advice you were given, you could reach out to another attorney for a second opinion. Unless you have precisely the same financial... View More
My income consists mainly of Social Security a small New York state pension and I work part-time for 3 months out of the year doing income taxes. I don't understand why my lawyer put me in this chapter 13. Trying the best I can and I'm running out of money
answered on Nov 14, 2024
There are a few potential reasons for your being in a Chapter 13, but the ones that I can come up with are:
1. You've filed for Chapter 7 within the last 8 years and your only option for bankruptcy is to file under Chapter 13; or
2. You could not afford to pay an attorney fee... View More
answered on Oct 30, 2024
You should be able to get a list from your local bar association or legal aid society.
answered on Oct 29, 2024
You did not ask a question, but assuming you are asking what your next step should be, you should call the trustee’s office immediately and explain the situation. Assuming it was the first 341 it was likely rescheduled, but the trustee’s office will let you know. It is a good idea to follow up... View More
answered on Oct 26, 2024
I'm not sure what "licensee" means within this context... but with that said, you'd need to be evicted before the locks can be changed. Seek legal counsel from an attorney that can be retained to represent you.
One of my friends wanted to know if 12 USC 411 makes it the government's responsibility to pay back debts and loans given the wording "The said notes shall be obligations of the United States". They believe that because of this if they take out a loan they have no obligation to pay... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 20, 2024
Your friend is misunderstanding the purpose of 12 USC 411. The phrase "The said notes shall be obligations of the United States" refers to the currency itself, meaning that Federal Reserve notes are backed by the U.S. government. This ensures that the currency is legal tender for debts... View More
Because I will not be in consolidation, I will have extra money and I don’t know what to do with it, if I can put it in a bank account.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 2, 2024
Now that you’ve filed for bankruptcy, it’s important to handle your finances carefully. First, ensure you keep a detailed record of your income and expenses. This will help you manage your budget and provide necessary information to the bankruptcy trustee.
You can save your money, but... View More
I'm on disability. So I get a check for $1,558 at the first of any month. My rent takes up most of that it's $788 a month. Do you think bankruptcy is right for me? Thank you
answered on Jun 10, 2024
My NY colleague's answer is correct, as far as it goes.
To declare bankruptcy over just $16K is at the low end of debt issues, and may well be solved by lesser means. Most credit card issuers are pretty savvy, and will offer some altered payout/discount for you.
You can only... View More
My aunt was finally approved for SSDI at the end of 2023 and started receiving monthly payments in January 2024. She hasn't worked in 10 years and SSD is her only source of income (there's no pension, no IRA, no anything else). Her savings are long gone and she's been living on... View More
answered on Jun 5, 2024
Most disability payments are exempted from inclusion in the bankruptcy estate and thus protected under the Social Security Act. Additionally, on the state level (thus potentially obviating the need to file bankruptcy), the New York Exempt Income Protection Act exempts disability payments from... View More
Filed chapter 7 bankruptcy in 2013. 2024 have a personal injury lawsuit small award, can the bankruptcy court take it? It was Discharged in 2013.
answered on May 28, 2024
My colleague, Mr. Siegel, is right as far as he goes, but,
a bankruptcy discharge works holders of claims that existed prior to the bankruptcy filing, not those that happened afterward. And, the bankruptcy discharge works on claimants named by you as the debtor in the bankruptcy. If, for... View More
My mother is a senior with credit card debt and is essentially judgment proof because she only receives pension and social security, no other income or assets. Do social security benefits get reported in Chapter 7 filing papers in NY?
answered on Apr 16, 2024
You do report Social security on schedule I and the means test but it does not count toward the means test result. Pension income gets reported on both and does count. Speak to an attorney to decide whether filing is beneficial.
I have a loan out thru my retirement. My employer didn't make the appropriate payroll deduction to pay my loan payment and the loan went into default. I can no longer borrow against this loan which has forced me to do a bankruptcy. This has caused me extreme emotional distress.. I have been to... View More
answered on Apr 16, 2024
I'm sorry for your ordeal. It's difficult to say with certainty whether the consequences you suffered from the payroll deduction would present the basis for a strong case. Although it's clear that you suffered here, and such damages are always part of the recovery inventory in a... View More
I have received no correspondence and do not recall the initial lawsuit notification. Is the statue of limitations up? I saw that NY went from 6 years to 3 years. What are my options?
answered on Apr 15, 2024
The statute of limitations runs from when a cause of action accrues to when a complaint upon that cause of action may be commenced. If they have a judgment, your right to raise that as a defense now is likely waived.
You may want to speak to an attorney about the implications of the... View More
I filed Chapter 7 in May last year. I am also getting divorced. I have a chapter 7 deposition coming up. Now creditor is asking for all the divorce documents including my children's social security numbers. Do I have to provide my children's social security number or is there a law... View More
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
