Lawyers, Answer Questions  & Get Points Log In
New York Bankruptcy Questions & Answers
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 »

View More Answers

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 »

View More Answers

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!

View More Answers

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.

4 Answers | Asked in Bankruptcy for New York on
Q: If I took a one-time withdrawal from my Roth IRA in 2019, do I need to report that as income on my bankruptcy forms?
Leonard R. Boyer
Leonard R. Boyer answered on Feb 22, 2020

Yes, it is income. Bankruptcy is extremely complex and is not something to attempt on you own. You really need to retain an experienced bankruptcy attorney. There are all types of Rules and Case law, that could impact your case, and you have no idea how what you do not know can hurt you.

View More Answers

5 Answers | Asked in Appeals / Appellate Law and Bankruptcy for New York on
Q: Hi, I filed Chapter 13 Bankruptcy to stop the sale of my home. I have an Appeal in the NY Appellate 1st Dept.

I am pro se. Does the Bankruptcy Stay the Appeal in the Appellate?

Derek John Soltis
Derek John Soltis answered on Feb 7, 2020

Yes the bankruptcy stops the appeal.

A bankruptcy stops all legal proceedings unless someone files a motion to lift the automatic stay.

View More Answers

4 Answers | Asked in Bankruptcy for New York on
Q: can you claim a homestead exemption in a chapter 13 bankruptcy if you have no equity in your homestead?

Thank you for your answers, it is much appreciated, and very helpful. for a more detailed explanation, I'm a creditor in a 13 case, I have a judicial lien on his homestead and he filed a motion to avoid the judicial lien in its entirety because it impairs etc... he owes 50 grand more than the... Read more »

Derek John Soltis
Derek John Soltis answered on Feb 5, 2020

The short answer is No, you have no equity to exempt. If later it turns out you have equity, then you should be able to modify your schedules to reflect that.

Normally the exemptions play much more importance in a chapter 7 bankruptcy to keep the chapter 7 trustee from selling your home...
Read more »

View More Answers

4 Answers | Asked in Bankruptcy for New York on
Q: How long the bankruptcy would be ?
Leonard R. Boyer
Leonard R. Boyer answered on Feb 1, 2020

A Chapter 7 bankruptcy is usually completed in 4 to 6 months from the date of filing for a personal one. A Chapter 13 Bankruptcy can last anywhere from 2 years to 5 years. (It would usually take about 2 years, if you are seeking a mortgage loan modification through the bankruptcy Court's mortgage... Read more »

View More Answers

2 Answers | Asked in Bankruptcy and Real Estate Law for New York on
Q: I’m on a deed to a house along with my ex boyfriend. The mortgage is in his name. He’s filing for bankruptcy.

What does it mean for me on the house? What will happen to the house? Will I lose the house?

Karra Kingston
Karra Kingston answered on Jan 3, 2020

The Deed is in your name so you own the home. Assuming the home is exempt there is nothing your liable for. If the home is not exempt the Trustee can take the home and sell it. Since your name is not on the mortgage it won’t impact your credit if your husband decides not to pay the mortgage.

View More Answers

3 Answers | Asked in Bankruptcy for New York on
Q: Has any lawyer worked with a Veteran using the new HAVEN Act law?

I'm disabled from the military and have unemployment with social security since I can't hold a stable job. Currently have 50,000 debt on my own. The new haven act law says that my disability paychecks aren't counted towards the means test but that would mean I would make $0 in the eyes of the... Read more »

Karra Kingston
Karra Kingston answered on Dec 29, 2019

You should speak with a Bankruptcy lawyer. Just because you have $0 for the means test does not mean that you have no income. The Means Test determines if you qualify for bankruptcy. This doesn’t mean that you don’t have income and expenses. You should speak with a Bankruptcy lawyer.

View More Answers

5 Answers | Asked in Bankruptcy and Small Claims for New York on
Q: Any way to avoid having to show up for a NYC court date for consumer debt which was discharged in bankruptcy?

The court date was set before the bankruptcy (chapter 7 no-asset) case was closed and the debt in question was fully discharged. The lawsuit is for credit card debt which was sold to a debt collector (the plaintiff). Is there a way I can, without leaving myself vulnerable, avoid having to spend... Read more »

Stuart Nachbar
Stuart Nachbar answered on Oct 31, 2019

Just provide a copy of the Discharge to Counsel for the Credit Card Company and t a copy of the Petition showing it was listed, and also provide same to the Court.

View More 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 »

View More Answers

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.

View More Answers

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!

View More Answers

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.

View More Answers

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.

View More Answers

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.