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New York Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy for New York on
Q: I recently filed a Ch 7 bankruptcy with an attorney and it was recently discharged. I requested an adversary proceeding

and it was not completed. I am aware of the Brunner Test and made my lawyer aware of it as well but the lawyer did not move forward on it or do anything to assist me and I was told "they won't discharge it". I am well aware that some have been by proving undue hardship and seriously need the... Read more »

Karra Kingston
Karra Kingston answered on Oct 9, 2019

Hello, the Brunner Test is not easy to overcome. You will also have to spend money to litigate this matter. I would call around but if most attorneys do not want to handle it then you may not have a good case. Try to contact a few other attorneys and explain your situation. If your case has been... Read more »

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3 Answers | Asked in Bankruptcy for New York on
Q: Now about tolls,can I put that in a bankruptcy? Thanks
Leonard R. Boyer
Leonard R. Boyer answered on Sep 9, 2019

Yes, EZ-Pass Fines and Penalties (absent fraud are dischargable). You really need to retain an attorney to represent you in this matter, since there is a lot that can go wrong.

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3 Answers | Asked in Bankruptcy for New York on
Q: Is a red light ticket a priority debt or non priority debt
Leonard R. Boyer
Leonard R. Boyer answered on Sep 9, 2019

It is a debt that is not discharable in bankruptcy!

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4 Answers | Asked in Bankruptcy for New York on
Q: I need to file for bankruptcy as soon as possible to stop the sell of my house and I can't afford another attorney

I need step by step instructions to file it and can it be done online

Karra Kingston
Karra Kingston answered on Sep 6, 2019

Unfortunately, Attorneys cost money to do work. Did you already hire an attorney previously? Maybe you can contact him/her. Otherwise, you will have to pay to hire an attorney to help you unless you qualify for legal aid or choose not to hire one.

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4 Answers | Asked in Bankruptcy and Employment Law for New York on
Q: I loaned my employer 70,000. I was repaid about $10,000 and then he fired me. His company is now filing bankruptcy.

Do I have any recourse to get my money back?

Karra Kingston
Karra Kingston answered on Sep 3, 2019

Hello, it depends what chapter they filed for.

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1 Answer | Asked in Bankruptcy for New York on
Q: Hi, I'm filling out a UCC-1 financing statement and wonder what info is needed for the collateral?

Its for artwork of mine that a gallery has possession of. Do I need photos of the art? Price? Dimensions?

Timothy Denison
Timothy Denison answered on Jul 24, 2019

All the items you listed should be included on your UCC-1.

4 Answers | Asked in Bankruptcy for New York on
Q: Can the bank report a deed in lieu as "settled" on my credit report, even though my late payments have fallen off?

I bought a home in 2010. Because I was a Marine until recently, they were unable to foreclose and the account with the late payments fell off in 2017. I am now doing a deed in lieu of foreclosure. Can the bank still report it as a "settled" account even though the original account fell off?

Timothy Denison
Timothy Denison answered on Jun 3, 2019

Yes.

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3 Answers | Asked in Bankruptcy for New York on
Q: Can we obtain low cost or free Lawyer services for Bankruptcy filing?

We have no assets and no savings. We need to declare Chapter 7 as soon as possible, We are in Suffolk County, NY.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 24, 2019

You can file bankruptcy without a lawyer.

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5 Answers | Asked in Bankruptcy for New York on
Q: Can a senior citizen with dementia have any sort of assistance in her meeting with the trustee? Memory loss is an issue

Daughter has power of attorney. She needs to recall two addresses and her mental capacity is making it incredibly difficult for her to remember them and state them in the hearing

Stuart Nachbar
Stuart Nachbar answered on May 2, 2019

If the daughter has a POA, did she sign the petition on behalf of mom? If so, the daughter may be allowed to testify

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4 Answers | Asked in Bankruptcy for New York on
Q: I'm looking for legal advice regarding my LLC, that is not generating any income anymore, and I am about to close it.

However, I have a credit card and business line of credit (both under LLC’S name), is it possible to file the bankruptcy of that LLC without effective my personal credit history?

Karra Kingston
Karra Kingston answered on Apr 18, 2019

Hello,

You could file a business chapter 7 bankruptcy but sometimes it doesn’t make sense are you sure your not personally liable for any of your business debt. I would definiteltnspeak with a lawyer

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3 Answers | Asked in Bankruptcy for New York on
Q: I'm filling bankruptcy and my boyfriend is a co-signer on a loan. Is there a way he can be made to help pay for bankrupt
Karra Kingston
Karra Kingston answered on Apr 1, 2019

Just because he’s a co-signer on a loan doesn’t mean that he will be forced to pay for your bankruptcy. He will still be liable for the debt because he is the co-signer.

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2 Answers | Asked in Bankruptcy, Consumer Law and Collections for New York on
Q: Do Money judgments in New York need to be renewed for a second 10 year term, or the judgment automatically lasts 20?

I see it says 20, but I have been coming across forums that say that it must be renewed in 10 to last another 10.

Karra Kingston
Karra Kingston answered on Mar 26, 2019

It lasts for ten years but they have the right to renew the judgment so it lasts for 20 years

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1 Answer | Asked in Bankruptcy for New York on
Q: Deje mi corro en un parking y no he podido sacarlo porque no tengo empleo. En ese carro tengo los papeles de mi corte.

Son mis papeles de la corte mio, mi esposo y mi hija.

Karra Kingston
Karra Kingston answered on Mar 7, 2019

Los papeles de Corte son para bancarotta? Llama el Corte.

5 Answers | Asked in Bankruptcy for New York on
Q: When you get your chp.7 bankruptcy discharge order does that end the automatic stay?
Stuart Nachbar
Stuart Nachbar answered on Mar 6, 2019

Yes, technically the automatic stay dissolves on the issuance of the Discharge Order, but the injunctive nature of the Discharges kicks in with relation to any pre-petition debts.

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2 Answers | Asked in Bankruptcy for New York on
Q: If a Motion and claims are still being litigated, does the litigation have to be decided before a discharge order could

Be granted for the debtor in a Chapter 7 ?

Michael David Siegel
Michael David Siegel answered on Mar 5, 2019

No. The discharge should be entered 60 days after the creditors meeting if there is no extension of the deadline to object and no objections.

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3 Answers | Asked in Bankruptcy for New York on
Q: Im late in filing the last credit councelling certificate in my Chapt. 7, will I still get a discharge if it was due

5 weeks ago or do they naturally give you an extention of time and how much?

Karra Kingston
Karra Kingston answered on Mar 4, 2019

If you had an attorney you should ask them. If they closed the case before you did the course then you will not receive your discharge if it’s too late. You would have to reopen the case. I would speak to an attorney.

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3 Answers | Asked in Bankruptcy for New York on
Q: A chpt.7 referee awarded me homestead exemtion after a referee deed was filed on the property. But before the sale of my

Home a tender of payment was given to the bank but they sold the property anyway and violated a Supreme court order to stay the sale. The trustee in chp. 7 told me she received my tender of payment and granted the ny homestead exemption. But she has not brought an adverse claim against the people... Read more »

Timothy Denison
Timothy Denison answered on Mar 2, 2019

Possibly, although you should have your lawyer file s motion for contempt, return of property and attorney fees for violation of the stay.

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6 Answers | Asked in Bankruptcy for New York on
Q: I filed chpt.7 but my automatic stay was removed by the bank, if i convert to a chpt13 do i get a new automatic stay,

And do the bank have to motion the court again to remove the chpt13 stay?

Karra Kingston
Karra Kingston answered on Mar 2, 2019

Did you have a lawyer when you filed? If so you should ask your attorney or get one before it’s too late.

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3 Answers | Asked in Bankruptcy for New York on
Q: can a family’s members bill in there name be claimed on my bankruptcy?

My cell bill is very high and in my moms name. I have been paying it, can I include that?

Karra Kingston
Karra Kingston answered on Feb 22, 2019

No not if it’s not in your name.

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5 Answers | Asked in Bankruptcy for New York on
Q: After filing, can the trustee ask for my rent lease to be terminated? I stated I will to assume my apartment lease.

I have already filed my case but I read online If the trustee believes the rent is unreasonable or beyond the debtor's means, he can direct the court to terminate the lease, allowing the landlord to evict the debtor. Furthermore, the trustee has to decide within 60 days of the petition filing... Read more »

Michael David Siegel
Michael David Siegel answered on Feb 19, 2019

While technically true, it never happens in New York City cases unless the lease is so outrageous that it really is a fraud of some kind.

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