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 
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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
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
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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
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
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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
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.
answered on Aug 28, 2023
Your post offers no financial circumstances, and one needs to evaluate that to answer your question.
And that's because the Bankruptcy Code expressly requires that a Chapter 13 repayment plan provide to creditors at least as much as the "indubitable equivalent" of what... View More
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.
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
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.
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.
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.
answered on Aug 28, 2023
The required time between a Ch 7 and a Ch 13 is four years, so you're OK there. And, since there is no requisite minimum payment and, as long as $80 is your disposable income, there shouldn't be a problem there. Also, most trustees require that any amount over a specified amount of tax... View More
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.
answered on Aug 28, 2023
There is no per se minimum but of course it depends on the circumstances. I don’t see any inherent issue with an $80/month payment under the situation you described, but you should certainly seek the counsel of a qualified attorney to avoid the many potential pitfalls in bankruptcy... View More
While under COVID-19-Related Hardship Foreclosure Protection (from 3/25/2021-9/20/2021) which my mortgage company extended to me upon my written request after filing the COVID-19 Hardship Form, their attorneys filed Notice of Motion and Motion for Termination of the Automatic Stay. I was not fully... View More
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answered on Sep 8, 2023
I'm truly sorry to hear about this incredibly stressful situation. In situations where there may have been a violation of court orders or misconduct by your own attorney, it could potentially be beneficial to consult with another attorney to review the specifics of your case and possibly... View More
While under COVID-19-Related Hardship Foreclosure Protection (from 3/25/2021-9/20/2021) which my mortgage company extended to me upon my written request after filing the COVID-19 Hardship Form, their attorneys filed Notice of Motion and Motion for Termination of the Automatic Stay. I was not fully... View More
answered on Aug 25, 2023
Based upon the facts you've presented, it doesn't sound as if any fraud was committed - though I do sympathize with your frustration.
In just about any case, non-payment of your mortgage is grounds for termination of the Automatic Stay in a Bankruptcy Case. The COVID-19 Hardship... View More
My chapter 7 filed and discharged 5 years ago. My income is under the median income for my state. I have no non exempt assets and only have unsecured non priority debt. I have very little disposable income. Is chapter 13 an option? Would I be able to propose to pay 0.00 to unsecured claims?
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answered on Sep 8, 2023
Given your current financial situation with little to no disposable income and unsecured non-priority debt, it might be possible for you to propose a Chapter 13 plan with low or possibly even zero payments to unsecured creditors, although the feasibility of such a plan will ultimately be determined... View More
My chapter 7 filed and discharged 5 years ago. My income is under the median income for my state. I have no non exempt assets and only have unsecured non priority debt. I have very little disposable income. Is chapter 13 an option? Would I be able to propose to pay 0.00 to unsecured claims?
answered on Aug 17, 2023
I agree with Mr. Winterstein that the best initial course of action is to consult with an experienced attorney.
While a plan payment of zero for a particular month is not prohibited by the bankruptcy code, plans of repayment must be filed in good faith. A plan proposing to pay zero is... View More
My chapter 7 filed and discharged 5 years ago. My income is under the median income for my state. I have no non exempt assets and only have unsecured non priority debt. I have very little disposable income. Is chapter 13 an option? Would I be able to propose to pay 0.00 to unsecured claims?
answered on Aug 17, 2023
You can not file a Chapter 7 within 8 years of your previous Ch. 7. A Ch. 13 requires you to have a payment plan (and can not be 0). It has to be feasable based on your disposable income. Consult an attorney.
My chapter 7 filed and discharged 5 years ago. My income is under the median income for my state. I have no non exempt assets and only have unsecured non priority debt. I have very little disposable income. Is chapter 13 an option? Would I be able to propose to pay 0.00 to unsecured claims?
answered on Aug 17, 2023
The Court cannot confirm a plan when you have no disposable income to fund the plan or when the plan proposes 0.00% repayment to your unsecured creditors. You should consult with local bankruptcy attorney to see what your options are to manage your debt. While a Chapter 13 maybe an option for... View More
My chapter 7 filed and discharged 5 years ago. My income is under the median income for my state. I have no non exempt assets and only have unsecured non priority debt. I have very little disposable income. Is chapter 13 an option? Would I be able to propose to pay 0.00 to unsecured claims?
answered on Aug 16, 2023
To be confirmed, a Ch. 13 Plan must be both feasible, and must provide to unsecured creditors the "indubitable equivalent" of what they would receive in a Ch. 7.
You do not provide any financial circumstances/facts. Consult with an experienced lawyer in NY who can review your... View More
My chapter 7 filed and discharged 5 years ago. My income is under the median income for my state. I have no non exempt assets and only have unsecured non priority debt. I have very little disposable income. Is chapter 13 an option? Would I be able to propose to pay 0.00 to unsecured claims?
answered on Aug 17, 2023
In the Poughkeepsie Division of the SDNY, where I practice, for a Chapter13 Plan to be confirmed it must provide for a monthly payment of at least $50 to $75. Your payment may have to be greater, in order to comply with the hypothetical liquidation analysis prong of the requirements for... View More
Initially, my 13 coworkers and I signed a contract which specified that we were interns for this startup. We signed 1099 forms. Later, before the start of the internship, we signed an amendment that said we would receive 100% of our salary at the end of the internship.
Throughout our... View More
answered on Aug 15, 2023
File a claim with the New York State Department of Labor. Non-payment of wages is the responsibility of the owner, if the company does not pay. File a proof of claim in the bankruptcy. As to a labor lawyer, these kinds of cases are usually on contingency, so talk to labor lawyers that do wage... View More
Initially, my 13 coworkers and I signed a contract which specified that we were interns for this startup. We signed 1099 forms. Later, before the start of the internship, we signed an amendment that said we would receive 100% of our salary at the end of the internship.
Throughout our... View More
answered on Aug 15, 2023
They could be. Yes. You need to file a proof of claim for the wages in the bankruptcy. You should also consult a bankruptcy lawyer regarding a possible adversarial proceeding based on fraud that you might file against the company within the bankruptcy.
Initially, my 13 coworkers and I signed a contract which specified that we were interns for this startup. We signed 1099 forms. Later, before the start of the internship, we signed an amendment that said we would receive 100% of our salary at the end of the internship.
Throughout our... View More
answered on Aug 15, 2023
Did the company file Chapter 11 or 7? Wages are not dischargeable in bankruptcy. There maybe an eliment of fraud here so you may want to file an adversarial proceeding. An employment lawyer may not be well versed in bankruptcy law. You should seek out counsel experienced in adversarial... View More
Initially, my 13 coworkers and I signed a contract which specified that we were interns for this startup. We signed 1099 forms. Later, before the start of the internship, we signed an amendment that said we would receive 100% of our salary at the end of the internship.
Throughout our... View More
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answered on Sep 8, 2023
I'm sorry to hear about the challenging situation you and your fellow interns are experiencing. In a bankruptcy case, wages owed to employees are often treated as priority unsecured debts, which means they are among the first debts to be paid, albeit potentially only partially, from the... View More
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