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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 25, 2024
I'm guessing that the attorney with whom you consulted in 2022 was not a bankruptcy attorney; maybe I'm wrong, but that doesn't matter. Your statement that you are struggling with $100,000 of debt does not indicate how much of that debt is unsecured debt, which is the linchpin here.... 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
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
The most common reasons a person files under Chapter 13 is either they earn too much and therefore are ineligible under Chapter 7 or they are in arrears on their mortgage. If your earnings are below the mean test threshold then it may mean you are behind on your mortgage and want to keep your... 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
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
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answered on Jun 10, 2024
Based on the information provided, it's difficult to give a definitive answer on whether bankruptcy is the best option for you. However, here are some points to consider:
1. Income vs. expenses: Analyze your monthly income and expenses to determine if you have any disposable income to... 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
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
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answered on Jun 5, 2024
In general, Social Security Disability Insurance (SSDI) benefits, including lump sum back payments, are protected from creditors during bankruptcy proceedings. This protection is provided under federal law, specifically the Social Security Act, which exempts these benefits from bankruptcy estates... 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
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.
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answered on May 28, 2024
Based on the information you provided, it is unlikely that the bankruptcy court would be able to take the small award from your 2024 personal injury lawsuit. Here's why:
1. Timing: You filed for Chapter 7 bankruptcy in 2013, and the bankruptcy was discharged the same year. The personal... 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?
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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
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.
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?
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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
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
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
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 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.
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
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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
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 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?
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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... View More
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
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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