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4 Answers | Asked in Bankruptcy for New York on
Q: Do you have to report social security benefits in Chapter 7 filing?

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?

Howard E. Knispel
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Howard E. Knispel
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.

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4 Answers | Asked in Bankruptcy for New York on
Q: Do you have to report social security benefits in Chapter 7 filing?

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?

Michael O'Leary
Michael O'Leary
answered on Apr 16, 2024

Social Security benefits do not have to be included in your Means Test. These benefits should be listed in Schedule I (Income) of your bankruptcy petition, but the entire amount can be "backed out" on Schedule J (Expenses), as 42 USC 407 makes it clear that Social Security benefits have... View More

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4 Answers | Asked in Bankruptcy for New York on
Q: Do you have to report social security benefits in Chapter 7 filing?

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?

James L. Arrasmith
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answered on Apr 19, 2024

When filing for Chapter 7 bankruptcy in New York, it is necessary to report all sources of income, including Social Security benefits. This is crucial for providing a complete financial picture, even though Social Security income is generally protected from being claimed by creditors under federal... View More

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4 Answers | Asked in Bankruptcy for New York on
Q: Do you have to report social security benefits in Chapter 7 filing?

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?

Martin E. Long
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answered on Apr 19, 2024

Social Security Benefits are included monthly income in Schedule I but are excluded from the Means Test. The Means Test is the initial threshold for determining Chapter 7 qualification. Her pension would be included in the Means Test. Chapter 7 gives peace of mind to an elderly person who does not... View More

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3 Answers | Asked in Personal Injury, Civil Litigation, Bankruptcy and Employment Law for New York on
Q: I am wondering if I can sue my employer for negligent infliction of emotional distress. I'm near Ontario County NY

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

Tim Akpinar
Tim Akpinar
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

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3 Answers | Asked in Personal Injury, Civil Litigation, Bankruptcy and Employment Law for New York on
Q: I am wondering if I can sue my employer for negligent infliction of emotional distress. I'm near Ontario County NY

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

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Apr 19, 2024

Sorry to hear what happened to you. In New York, you can only recover for negligent infliction of emotional distress where the behavior in question is extreme and outrageous. An actuarial error relating to your payroll deduction likely does not likely qualify.

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3 Answers | Asked in Personal Injury, Civil Litigation, Bankruptcy and Employment Law for New York on
Q: I am wondering if I can sue my employer for negligent infliction of emotional distress. I'm near Ontario County NY

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

James L. Arrasmith
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answered on Apr 23, 2024

In New York, an employee may be able to sue their employer for negligent infliction of emotional distress (NIED) if the employer's negligent actions caused the employee to suffer severe emotional distress. However, succeeding in such a claim can be challenging, as you would need to prove the... View More

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2 Answers | Asked in Bankruptcy and Consumer Law for New York on
Q: I am in NY. In 8/19 a credit card debt lawsuit was filed against me. Last month a judgement was filed.

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?

Carl Nelson
Carl Nelson
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...
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2 Answers | Asked in Bankruptcy and Consumer Law for New York on
Q: I am in NY. In 8/19 a credit card debt lawsuit was filed against me. Last month a judgement was filed.

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?

James L. Arrasmith
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answered on Apr 16, 2024

I understand your concern about the credit card debt lawsuit and judgment. Here's some information that may help:

1. Statute of limitations: In 2022, New York reduced the statute of limitations for consumer credit card debt from 6 years to 3 years. However, this change only applies to...
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2 Answers | Asked in Bankruptcy, Civil Litigation and Collections for New York on
Q: Do any lawyers here handle Traverse Hearings? Dutchess County New York

A process server only made one attempt to personally serve me and gave a complaint and summons meant for me to an individual at my old address and this person threw the paperwork in the trash. I was never served and wasn't aware of a case against me until after a judgement had already been... View More

James L. Arrasmith
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answered on Mar 16, 2024

In situations like yours, finding a legal professional with experience in Traverse Hearings is crucial, particularly in Dutchess County, New York. These hearings are specifically designed to examine the process and validity of service in legal proceedings, which seems to be the crux of your issue.... View More

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2 Answers | Asked in Bankruptcy, Civil Litigation and Collections for New York on
Q: Do any lawyers here handle Traverse Hearings? Dutchess County New York

A process server only made one attempt to personally serve me and gave a complaint and summons meant for me to an individual at my old address and this person threw the paperwork in the trash. I was never served and wasn't aware of a case against me until after a judgement had already been... View More

Tim Akpinar
Tim Akpinar
answered on Mar 17, 2024

It looks like you were alert in investigating the judgment. On your inquiry about attorneys who handle traverse hearings, attorneys here can't respond to you with offers of representation. The format is limited to Q & A, unlike attorney referral sites. But in addition to your own online... View More

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2 Answers | Asked in Bankruptcy for New York on
Q: My question is in chapter 11 how come being a creditor, there are 6 sections for claim nature and all can be different?

I am a creditor in a class action law suit. When I check the website there is a long page that has 5 different sections that says claim nature. The first is General Unsecured. The second says Priority. The third one says Secured. The fourth says 503(b)(9) Admin Priority. The fifth says Admin... View More

Martha Warriner Jarrett
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answered on Jan 25, 2024

A secured claim is one in which the creditor has a lien on as asset of the debtor, such as a mortgage or a car loan. A priority unsecured claim is generally for taxes or other administrative expenses. Most claims are general unsecured claims. While there are certain claims actions claims that might... View More

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2 Answers | Asked in Bankruptcy for New York on
Q: My question is in chapter 11 how come being a creditor, there are 6 sections for claim nature and all can be different?

I am a creditor in a class action law suit. When I check the website there is a long page that has 5 different sections that says claim nature. The first is General Unsecured. The second says Priority. The third one says Secured. The fourth says 503(b)(9) Admin Priority. The fifth says Admin... View More

James L. Arrasmith
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answered on Jan 26, 2024

In a Chapter 11 bankruptcy case, different types of claims are categorized based on their legal nature and priority. This categorization affects how claims are treated and the order in which they are paid.

"General Unsecured" claims are typically debts that don't have...
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3 Answers | Asked in Bankruptcy for New York on
Q: I am a 100% Disabled Veteran that has filed bankruptcy under Chapter 13. I have questions about the filing and error

When my case was filed neither I nor my attorney were aware of the Haven Act. I would like to know if this can be corrected.

James L. Arrasmith
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answered on Jan 23, 2024

The HAVEN Act, which affects how veterans' disability benefits are treated in bankruptcy cases, is a significant piece of legislation for veterans like yourself. If your Chapter 13 bankruptcy case was filed without considering the HAVEN Act, it's possible to address this oversight.... View More

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3 Answers | Asked in Bankruptcy for New York on
Q: I am a 100% Disabled Veteran that has filed bankruptcy under Chapter 13. I have questions about the filing and error

When my case was filed neither I nor my attorney were aware of the Haven Act. I would like to know if this can be corrected.

Carl Nelson
Carl Nelson
answered on Jan 23, 2024

Bankruptcy schedules and forms can typically be amended, but there are a number of factors such as where the case is procedural that would be relevant to an informed decision on how to proceed. This forum is not an ideal place to provide you with adequate legal advice as to your pending case; I... View More

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1 Answer | Asked in Bankruptcy and Collections for New York on
Q: I have a judgment against me for 8,000 in FL (from 12 years ago) and am currently residing in NY.

I have a judgment against me for approx $8,000 in FL (from 12 years ago) and am currently residing in White Plains, NY. I cannot pay this debt right now in any way, not even a minimum payment. Can the debtor come after my vehicle (worth approximately 5k) if it's registered under BOTH my name... View More

James L. Arrasmith
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answered on Nov 20, 2023

In New York, a creditor with a judgment against you can potentially seek to enforce that judgment by going after your assets, including a vehicle. However, the fact that the vehicle is registered under both your and your wife's names complicates the matter. Generally, if the asset is owned... View More

2 Answers | Asked in Bankruptcy, Consumer Law and Collections for New York on
Q: I have a judgment against me for 8,000 in NJ (from 12 years ago) and am currently residing in NY.

I have a judgment against me for approx $7,000 total (from 12 years ago) in a different state (NJ and Florida) and am currently residing in NY. I cannot pay this debt right now in any way, not even a minimum payment. Can the debtor come after my vehicle (worth approximately 4k) if it's... View More

Martha Warriner Jarrett
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answered on Nov 20, 2023

A judgment against you can be enforced against your interest in any asset, whether it is jointly owned with another or not. HOWEVER, the more important question is whether (a) the judgment is still valid, which is a question of New York law; (b) whether you have any equity in the car (difference... View More

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1 Answer | Asked in Bankruptcy and Collections for New York on
Q: I have a default judgment from a PA Court for $270,000 against a debtor that lives in SC. Where can I levy his NY bank?

I have a default judgment from a PA Commonwealth Court for $270,000 against a debtor that lives in South Carolina. I believe he has a brokerage account with Merrell Lynch in New York. I don't know the account number but I think I know the NY broker's name. Four years ago, the debtor... View More

James L. Arrasmith
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answered on Nov 4, 2023

To levy a debtor's account held in New York, you would typically need to domesticate your Pennsylvania judgment in New York. This is done by filing a copy of the foreign judgment with a New York court and thereby converting it into a New York judgment, which can be enforced as if it were... View More

5 Answers | Asked in Bankruptcy for New York on
Q: Is there a minimum repayment plan amount when filing a ch13 in NY Southern District court ?

I have only unsecured debt. My disposable income is around $80, would my plan be accepted? I’m under the median income. Had a ch7 discharged less than 8 years ago. Being sued by creditors. I don’t have any non exempt assets.

Michael O'Leary
Michael O'Leary
answered on Aug 28, 2023

An $80 per month Plan can be confirmed. The Ch. 13 Trustee in the Poughkeepsie Court objects to Plans featuring payments of less that $50 per month, and frequently will try to get a low paying Plan increased to $75 per month, but $80 per month will clearly work. Tax refunds received during the... View More

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5 Answers | Asked in Bankruptcy for New York on
Q: Is there a minimum repayment plan amount when filing a ch13 in NY Southern District court ?

I have only unsecured debt. My disposable income is around $80, would my plan be accepted? I’m under the median income. Had a ch7 discharged less than 8 years ago. Being sued by creditors. I don’t have any non exempt assets.

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Aug 28, 2023

There is no minimum payment as long as it is not zero. The payment would likely be the amount available according to the means test but also your non exempt assets are a factor. Speak to an attorney to determine the specifics.

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