New York Bankruptcy Questions & Answers

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 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.

Q: I have a student loan that has tripled due to interest accrued

3 Answers | Asked in Bankruptcy for New York on
Answered on Jan 11, 2019
Leonard R. Boyer's answer
With extremely rare exceptions student loans are NOT dischargable in Bankruptcy. However, a Chapter 13 Payment plan may make them more affordable for a period of 5 years. You need to retain an experienced NY Bankruptcy attorney to discuss this matter in person and to got over your specific situation.

Q: Is it appropriate for a creditor to file a 542 motion for turnover of assets he claims are not property of the estate?

2 Answers | Asked in Bankruptcy for New York on
Answered on Jan 4, 2019
Timothy Denison's answer
Yes, if there is a reasonable basis for him to do so. No if it is based on fraud or deceit.

Q: Am I financially responsible as the indemnitor of a bail bond if the bond has been revoked?

3 Answers | Asked in Bankruptcy for New York on
Answered on Dec 22, 2018
Leonard R. Boyer's answer
This is a bankruptcy question, not a criminal law question. The fact that you were a victim is irrelevant. But, since you are the victim, it would not be wise for you to have any contact with your ex boyfriend because you would put yourself at risk for more harm. Depending on your overall financial situation, Bankruptcy may be right for you. An experienced Bankruptcy attorney will be able to determine which type of Bankruptcy is the correct one for you. Do not let geographic restrictions...

Q: If I'm residing with roommates, is the personal property of theirs that they allow me to use legally considered mine

3 Answers | Asked in Bankruptcy, Consumer Law and Contracts for New York on
Answered on Dec 19, 2018
Jonathan David Warner's answer
No. If you do not have title to the property, you do not own the property.

Q: Will consolidating student loans during a bankruptcy prevent discharge after a 341 meeting?

4 Answers | Asked in Bankruptcy for New York on
Answered on Dec 7, 2018
Jonathan David Warner's answer
My immediate reaction is "no". With this said, it may behoove you to have your attorney file a Motion to Approve Refinance Agreement (or something to this effect) that will bring the transaction to the Bankruptcy Court's attention. I can't imagine that such a prayer for relief would be denied, and it would serve to reflect a paper trail because, whether they've advised you as such or not, the new lender may not enter the agreement without Court approval, anyway.

Good luck.

Q: "earned but unpaid wages received within 60 days of filing for bankruptcy"??

2 Answers | Asked in Bankruptcy for New York on
Answered on Dec 5, 2018
Leonard R. Boyer's answer
Chapter 7 Bankruptcy is not simply filling out forms. Trying to handle this matter yourself is not wise. You do not know the USBC, you do not know the local rules of Bankruptcy and if there was an adversary proceeding started against you, or an objection filed to your plan, you would be like a deer in the headlights. To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation with an experienced NY bankruptcy attorney. Use AVVO's...

Q: Does my social security get touched if I file?

5 Answers | Asked in Bankruptcy for New York on
Answered on Nov 30, 2018

Q: Debt for legal,fees incurred by estranged husband whom I am in the orocess of divorcing in his home state Ca - debt

4 Answers | Asked in Bankruptcy, Consumer Law and Family Law for New York on
Answered on Nov 10, 2018
Timothy Denison's answer
Complicated question and not enough information. Consult a bankruptcy attorney immediately to determine your rights.

Q: if you have 2 people on auto loans and personal loans , and 1 party files bankruptcy. does the 2nd party become responsa

5 Answers | Asked in Bankruptcy for New York on
Answered on Nov 9, 2018
Karra Kingston's answer
Yes if you took them

Out together and one filed the other person will be liable

Q: Can a bank take funds for offset if the money was withdrawn from a 401k due to financial hardship?

3 Answers | Asked in Bankruptcy, Consumer Law and Banking for New York on
Answered on Nov 5, 2018
Michael David Siegel's answer
Possibly. It depends on the timing of how it came down.

Q: I own some property upstate - would I have to sell it before I could declare bankruptcy?

4 Answers | Asked in Bankruptcy for New York on
Answered on Oct 26, 2018
Karra Kingston's answer
it Depends if there is equity in it and how much and what you plan to do with that money once you sell it.

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