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New York Bankruptcy Questions & Answers
4 Answers | Asked in Bankruptcy for New York on
Q: I filed bankruptcy in July2020 it was discharged in Nov. 2020. Now lawyer wants more money to handle a lien on my home.

I retained a lawyer in July2019. Gave them all documentation plus a summons that I was being sued by a creditor. We filed the bankruptcy july 2020 and it has been discharged 2 weeks ago. I get a call from the attorneys office stating that they received a judgement in the mail that went to one of... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Nov 17, 2020

The removal of a lien is a separate state court proceeding and is beyond the scope of representation in a Bankruptcy proceeding. $1000 for this in NY, is an incredible bargain! In NJ, I charge $1,750 each.

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7 Answers | Asked in Bankruptcy for New York on
Q: What i need to apply for BankruptcyI am retired with 865 a month, less rent 309 and home phone 71 I count with 485

my credit debt is $39,116.06

no house owner and need to keep my 2004 jeep (about 3500 by kellys blue book)

where i could fin a lawyer for this???

Thank for your time

Karra Kingston
Karra Kingston answered on Sep 2, 2020

I think you should speak with a bankruptcy lawyer in New York. I am a lawyer in New York there’s more questions to ask most lawyers in New York provide free consultations!

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3 Answers | Asked in Bankruptcy, Consumer Law and Identity Theft for New York on
Q: Master Promissory Note on file with FSA for Student Loans never signed and is completely blan: Can i discharge the debt?

The Master Promissory note on file with Federal Student Aid is completely blank. There's no information about me in any regard, not even my name. Am I legally responsible for this debt or can It be discharged/forgiven?

The Federal Student Aid website has all the federal loan... Read more »

Michael David Siegel
Michael David Siegel answered on Aug 21, 2020

Did you get a loan? Have you paid this loan? How are you liable if your name is not in the database?

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5 Answers | Asked in Bankruptcy and Divorce for New York on
Q: If husband files for bankruptcy prior to divorce will that affect how much I end up with?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 18, 2020

It may depending on what property is included in the bankruptcy, however, this may be offset if the reason for the bankruptcy is your husbands dissipation of assets such as gambling.

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7 Answers | Asked in Bankruptcy and Divorce for New York on
Q: I’m a teacher and husband owns a business he’s threatening to file bankruptcy to not have to give me anything in divorce

Husband seems to do pretty well we live in a nice house multiple high end cars claims to have substantial debt including a million dollar loan he says that is backed by the house. Offered me a deal to buy him out of the house he wants the down payment he put down back plus about 100k of the equity... Read more »

Nina Mironenko
Nina Mironenko answered on Aug 18, 2020

Find a good attorney who practices in Brooklyn.

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2 Answers | Asked in Bankruptcy, Immigration Law, Real Estate Law and Workers' Compensation for New York on
Q: What made you become a lawyer? What do you wish you knew at my age (15)? How do I become a lawyer? Any pros and Cons?

I am doing an interview for a summer program and would like true answers if possible.

Tim Akpinar
Tim Akpinar answered on Aug 13, 2020

You are very young now, but it is good that you set your goals so early. When you get to college, concentrate on keeping good grades and when you get to that point, you could look into an exam called the LSAT. For now, you can read about the profession and try to learn as much as you can. Learn... Read more »

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3 Answers | Asked in Bankruptcy for New York on
Q: ID like to locate chapter 11 bankruptcy cases in the ED or SD of NY, how do i do that?

specifically subchapter v in the prior year, is there a way of doing that?

Leonard R. Boyer
Leonard R. Boyer answered on Aug 9, 2020

Subchapter 5 just started this year. What exactly is it that you are trying to do?

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3 Answers | Asked in Criminal Law, Bankruptcy and Contracts for New York on
Q: Wedding Studio under new management and are neglecting the clients

I have tried calling them and they would decline my call and respond with I'm sorry I cant talk right now. Me and my husband have already made the full payment and we would like to know what are some precautions we need to take from here because it seems that the Wedding Studio is also... Read more »

David Luther Woodward
David Luther Woodward answered on Jul 27, 2020

I am confused.

If you are already married why do you need a wedding studio? If you aren't married yet, then perhaps you do.

You might consult a lawyer in your community. If they have engaged in fraud it may be a crime, but you can't prosecute it. You may wish to sue...
Read more »

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2 Answers | Asked in Bankruptcy for New York on
Q: Do I need to fill out a Modified Form 410 Proof of Claim form?

I have a pension with JC Penney Corporation. The company has filed for bankruptcy protection. My pension is insured with the PBGC. I just received a Modified Form 410 Proof of Claim form from the bankruptcy court. Does this form have anything to do with my pension? haight78@hotmail.com

Timothy Denison
Timothy Denison answered on Jul 10, 2020

Yes. Fill it out and file it immediately. You may want to emits a lawyer to help you.

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3 Answers | Asked in Bankruptcy for New York on
Q: I own a time share. Paid in full. I have received a note from the acting lawyer of a bankruptcy hearing(telephonic) .

To auction to the highest bidder. Does this mean I do not own or are responsible for this time share?

Michael David Siegel
Michael David Siegel answered on Jun 30, 2020

Is the timeshare company bankrupt? Without seeing the notice I cannot opine on it, but maybe there is a sale of the property subject to all timeshare interests.

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4 Answers | Asked in Bankruptcy for New York on
Q: Is a judgment from a secured 2nd mortgage still considered secured credit, or will it be paid if I receive inheritance

Chapter 7 inheritance

Timothy Denison
Timothy Denison answered on May 26, 2020

Yes. It is still a secured creditor.

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4 Answers | Asked in Civil Litigation and Bankruptcy for New York on
Q: I want to know the negative financial consequences of deliberately allowing a lienholder to repossess my vehicle to me

A Ch. 13 conversion into a Ch. 7--Bank wants back $2800, and really gouged me on monthly payments, increasing from the prior agreed on rate of only $115 a month payments (the Ch. 13 Trustee won that). No more need for this 11 year old vehicle which is now worth market value of only $1700 at most.... Read more »

Karra Kingston
Karra Kingston answered on May 26, 2020

I’m not sure if your in bankruptcy now or not?

If you are not in bankruptcy and they repossess your car they can sue you or garnish you. You can give up the car in a chapter 7 bankruptcy and not be liable for it? If you are no longer in bankruptcy and you give up the car they can not...
Read more »

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3 Answers | Asked in Bankruptcy for New York on
Q: Give example of: Homestead exemption, Catch-all Exemption, Equity, Conversion, Dismissal, Bankruptcy petition preparer.
Karra Kingston
Karra Kingston answered on May 19, 2020

I’m not sure I understand this question aside from needing definitions to such. You may want to speak with a Bankruptcy lawyer who can help you. A homestead exemption allows you to file bankruptcy and keep your home. Equity is the difference between the value of your home and how much you owe. A... Read more »

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4 Answers | Asked in Bankruptcy for New York on
Q: Can i file for bankruptcy without losing my apartment or my ability to renew?

Hello. I am about to begin the process of filing for bankruptcy. My landlord has legal fees as well as maintainance fees on my rent statement which adds up to approx. $3000.00... i do not owe any money on my regular monthly rent . Maintenance charges are not on my lease. My landlord added those... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Mar 28, 2020

Your question states both maintenance fees and a rent statement, as well as mentioning your landlord. So it does need some clarification. If you file Bankruptcy to discharge debt to the landlord, there is no way that you can expect to stay in your apartment and have a lease renewal. That would not... Read more »

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3 Answers | Asked in Bankruptcy, Divorce, Civil Rights and Collections for New York on
Q: Being threatened for cosigned student loans even though in my divorce paperwork it states I'm no longer responsible.

The loan providers say I'm responsible and it doesn't matter what my divorce papers say. Is this true I will need to civil sue the loan holder I co-signed for?

Timothy Denison
Timothy Denison answered on Mar 9, 2020

You are still liable directly to the loan provider, bc the loan provider was not a party to your settlement agreement with your spouse. If your spouse is not paying the loan, you should make a motion in your divorce case to hold your spouse in contempt for not paying as agreed and ask the court to... Read more »

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4 Answers | Asked in Bankruptcy and Consumer Law for New York on
Q: My husband and I need to declare Bankruptcy but cannot afford to. Are there free programs to help us?
Karra Kingston
Karra Kingston answered on Mar 5, 2020

There are legal services to help if you qualify but you may have long waiting times! I highly advise speaking with a lawyer many have payment plans that can really help you! And make sure your case goes smoothly!

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1 Answer | Asked in Bankruptcy for New York on
Q: Can I stop judgement?
Karra Kingston
Karra Kingston answered on Feb 26, 2020

If the judgment has not been entered you can try to fight it or possibly filing bankruptcy can stop a judgment from being entered.

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