New York Bankruptcy Questions & Answers

Q: I'm looking for legal advice regarding my LLC, that is not generating any income anymore, and I am about to close it.

4 Answers | Asked in Bankruptcy for New York on
Answered on Apr 18, 2019
Karra Kingston's answer
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

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

3 Answers | Asked in Bankruptcy for New York on
Answered on Apr 1, 2019
Karra Kingston's answer
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.

Q: Do Money judgments in New York need to be renewed for a second 10 year term, or the judgment automatically lasts 20?

2 Answers | Asked in Bankruptcy, Consumer Law and Collections for New York on
Answered on Mar 26, 2019
Karra Kingston's answer
It lasts for ten years but they have the right to renew the judgment so it lasts for 20 years

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.

1 Answer | Asked in Bankruptcy for New York on
Answered on Mar 7, 2019
Karra Kingston's answer
Los papeles de Corte son para bancarotta? Llama el Corte.

Q: When you get your chp.7 bankruptcy discharge order does that end the automatic stay?

5 Answers | Asked in Bankruptcy for New York on
Answered on Mar 6, 2019
Stuart Nachbar's answer
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.

Q: If a Motion and claims are still being litigated, does the litigation have to be decided before a discharge order could

2 Answers | Asked in Bankruptcy for New York on
Answered on Mar 5, 2019
Michael David Siegel's answer
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.

Q: Im late in filing the last credit councelling certificate in my Chapt. 7, will I still get a discharge if it was due

3 Answers | Asked in Bankruptcy for New York on
Answered on Mar 4, 2019
Karra Kingston's answer
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.

Q: A chpt.7 referee awarded me homestead exemtion after a referee deed was filed on the property. But before the sale of my

3 Answers | Asked in Bankruptcy for New York on
Answered on Mar 2, 2019
Timothy Denison's answer
Possibly, although you should have your lawyer file s motion for contempt, return of property and attorney fees for violation of the stay.

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,

6 Answers | Asked in Bankruptcy for New York on
Answered on Mar 2, 2019
Karra Kingston's answer
Did you have a lawyer when you filed? If so you should ask your attorney or get one before it’s too late.

Q: can a family’s members bill in there name be claimed on my bankruptcy?

3 Answers | Asked in Bankruptcy for New York on
Answered on Feb 22, 2019
Karra Kingston's answer
No not if it’s not in your name.

Q: After filing, can the trustee ask for my rent lease to be terminated? I stated I will to assume my apartment lease.

5 Answers | Asked in Bankruptcy for New York on
Answered on Feb 19, 2019
Michael David Siegel's answer
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.

Q: If I file bankruptcy and I live with my parents still but I pay half of the heat and cable bill

1 Answer | Asked in Bankruptcy for New York on
Answered on Feb 14, 2019
Jonathan David Warner's answer
Yes, you are requires to list all your income and liabilities in your bankruptcy schedules.

Good luck.

Q: If I file bankruptcy and I live with my parents still but I pay half of the heat and cable bill

3 Answers | Asked in Bankruptcy for New York on
Answered on Feb 14, 2019
Michael David Siegel's answer
Yes. Your budget is whatever you pay.

Q: If I am paying part of my boyfriend’s bills do I need proof for my attorney when filing chapter 7 bankruptcy?

4 Answers | Asked in Bankruptcy for New York on
Answered on Feb 13, 2019
Leonard R. Boyer's answer
If you have an attorney, that is the person to whom all your questions need to be directed.

Q: I went thew a foreclosure and filed Chp.7 bankrupcy after a LLC filed a referee deed on my property. They are not on my

3 Answers | Asked in Consumer Law and Bankruptcy for New York on
Answered on Feb 12, 2019
Timothy Denison's answer
You should reopen the bankruptcy, amend your schedules and matrix to add them, and then you will have protection from them, assuming their cause of action was prepetition.

Q: I got homestead exemption in ny, I have full equity in my home. Do the trustee still have to sell the house? For Chap. 7

5 Answers | Asked in Bankruptcy for New York on
Answered on Feb 5, 2019
Jonathan David Warner's answer
That depends on whether there is non-exempt equity in your home. If there's another few thousand dollars of equity that is not exempt, or more, the Trustee may move to sell the house.

The issue, here, is that you cannot simply Dismiss your Chapter 7 case voluntarily. If the Trustee moves to sell the house, your sole, realistic avenue of relief will be to Convert your case to a Chapter 13.

Either way around, you should really consider hiring an attorney, based upon the relatively...

Q: Can you seek leniency from the court to avoid extreme hardship

4 Answers | Asked in Bankruptcy, Foreclosure, Real Estate Law and Landlord - Tenant for New York on
Answered on Feb 3, 2019
Jonathan David Warner's answer
No, not generally, but sometimes a Judge will grant some *limited* timeline (a few weeks, maybe) for you to vacate the property.

For what it's worth, and with all due respect, this is almost definitely not the first notice you've received. If you want to protect your children, it's best not to ignore these Court notices and to move out of your home quickly. While moving is not always easy, it's better to do so on your own terms - and without the Sheriff's deputies forcibly evicting you...

Q: If I am being sued by a credit card company can I still file for bankruptcy?

6 Answers | Asked in Bankruptcy for New York on
Answered on Feb 1, 2019
Karra Kingston's answer
Yes you can still file if your being sued! It will stop the lawsuit.

Karra L. Kingston Esq.

Q: What is the law number that allow exemption in households

4 Answers | Asked in Bankruptcy for New York on
Answered on Jan 19, 2019
Karra Kingston's answer
I’m not really sure what you are asking. I advise that you sit and speak with an attorney.

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.