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New York Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy for New York on
Q: I own a time share. Paid in full. I have received a note from the acting lawyer of a bankruptcy hearing(telephonic) .

To auction to the highest bidder. Does this mean I do not own or are responsible for this time share?

Michael David Siegel
Michael David Siegel answered on Jun 30, 2020

Is the timeshare company bankrupt? Without seeing the notice I cannot opine on it, but maybe there is a sale of the property subject to all timeshare interests.

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4 Answers | Asked in Bankruptcy for New York on
Q: Is a judgment from a secured 2nd mortgage still considered secured credit, or will it be paid if I receive inheritance

Chapter 7 inheritance

Timothy Denison
Timothy Denison answered on May 26, 2020

Yes. It is still a secured creditor.

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4 Answers | Asked in Civil Litigation and Bankruptcy for New York on
Q: I want to know the negative financial consequences of deliberately allowing a lienholder to repossess my vehicle to me

A Ch. 13 conversion into a Ch. 7--Bank wants back $2800, and really gouged me on monthly payments, increasing from the prior agreed on rate of only $115 a month payments (the Ch. 13 Trustee won that). No more need for this 11 year old vehicle which is now worth market value of only $1700 at most.... Read more »

Karra Kingston
Karra Kingston answered on May 26, 2020

I’m not sure if your in bankruptcy now or not?

If you are not in bankruptcy and they repossess your car they can sue you or garnish you. You can give up the car in a chapter 7 bankruptcy and not be liable for it? If you are no longer in bankruptcy and you give up the car they can not...
Read more »

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3 Answers | Asked in Bankruptcy for New York on
Q: Give example of: Homestead exemption, Catch-all Exemption, Equity, Conversion, Dismissal, Bankruptcy petition preparer.
Karra Kingston
Karra Kingston answered on May 19, 2020

I’m not sure I understand this question aside from needing definitions to such. You may want to speak with a Bankruptcy lawyer who can help you. A homestead exemption allows you to file bankruptcy and keep your home. Equity is the difference between the value of your home and how much you owe. A... Read more »

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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 »

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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 »

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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!

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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.

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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.

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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 »

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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... Read more »

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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.

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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... 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.

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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.

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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... 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 »

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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.

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