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New York Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy for New York on
Q: Can my wife and I file bankruptcy with the same paperwork or do we need to file separate petitions?
Leonard R. Boyer
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answered on Apr 5, 2017

You can both file a joint petition which will save you money.

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2 Answers | Asked in Bankruptcy and Employment Law for New York on
Q: The Scope of the Automatic Stay in Chapter 7 Cases in non-debt related matters.

This is a complex, and sort of multi-angled issue. I applied for a Job with a County Government Agency (Law Enforcement). I recieved a Notice or Proposed Disqualification for "Excessive Debt; Potential Corruptability Hazard based on potential debt to income Ratio".

I was given 20... View More

Barry E. Janay
PREMIUM
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answered on Mar 16, 2017

It's doubtful that an automatic stay would apply since it is not a creditor claim, however there may be a mechanism to get a stay by application to the bankruptcy judge in the proceeding. Regarding how long it takes, if you get your ducks in line with the filing by organizing all of your... View More

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1 Answer | Asked in Bankruptcy, Business Formation and Business Law for New York on
Q: If one files for personal Ch 7 bankruptcy, do the past capital contributions to an LLC or S Corp get affected?

If one files for personal Ch 7 bankruptcy, do the past capital contributions to an LLC or S Corp get affected? Capital Accts? Owner's equity, etc?

I'm aware their units or shares may be affected. But I'm curious if capital accounts or owner's equity is an asset they... View More

Michael David Siegel
Michael David Siegel
answered on Mar 2, 2017

The short answer is it depends if it is real capital or an entry on a balance sheet. But, it can be affected, and when closely held business is involved a personal chapter 7 needs to be documented carefully.

2 Answers | Asked in Bankruptcy for New York on
Q: Are there special rules to get overdue taxes discharged in bankruptcy?
Leonard R. Boyer
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answered on Feb 14, 2017

Yes there are. Your returns have to have been filed on time and it needs to have been at least three years since they were filed. It can only be for personal income tax.

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1 Answer | Asked in Bankruptcy, Consumer Law, Foreclosure and Real Estate Law for New York on
Q: Can liens/judgements follow me to future home ownership or inheritances?

House is in short sale, when my attorney requested a Title Report it was discovered that there are 3 liens that were not released from my 2009 bankruptcy. He says in order to get a clean title I would need to reopen the bankruptcy. I do not have the money to do that and the attorney that I used... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 4, 2017

Foreclosures, home liens, and bankruptcies are publicly filed actions and are typically reported on credit reports as well. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications... View More

1 Answer | Asked in Bankruptcy, Collections, Construction Law and Consumer Law for New York on
Q: What happens to a case if a contractor who filed a lien and a lawsuit to foreclose on it then files for bankruptcy?

We terminated our contractor for breach of contract, then he filed a mechanic's lien and a lawsuit to foreclose on the lien. Now we have heard that he has filed for bankruptcy and we would like to know how that could affect his/our case.

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 4, 2017

You may be able to file as a creditor or file a judgment lien in his bankruptcy case, if applicable. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice... View More

3 Answers | Asked in Bankruptcy, Car Accidents and Collections for New York on
Q: How can I get my license back that was suspended due to a default judgment?

I was in an accident several years ago without any insurance. I moved around qi

Quite a few times that year and though I paid my fines I never received the paperwork for court when being sued by the other drivers insurance company. My license was suspended over a year ago from not paying... View More

Leonard R. Boyer
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answered on Jan 29, 2017

You can retain an attorney to file a Chapter 13 Bankruptcy, which will allow you to pay the money over a 60 month time period. Good luck.

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2 Answers | Asked in Bankruptcy, Business Law and Civil Litigation for New York on
Q: 28 USC §586 creates a duty of the US Trustee to the citizens of New York. If so, can they be sued for tort under FTCA?

28 USC §586 is the statute that sets out the duty of the US Trustee in overseeing a Bankruptcy action. If they breach this duty (for example purposely not appointing a unsecured creditors committee in Chapter 11) can they be sued for a tort under the Federal Tort Claims act (FTCA)? If yes would... View More

Leonard R. Boyer
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answered on Jan 15, 2017

This is not the type of vague hypothetical question that is appropriate to this forum.

To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation with an experienced Bankruptcy attorney. Use AVVO's Find a Lawyer tool to...
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2 Answers | Asked in Bankruptcy for New York on
Q: In New York is the US Trustee in a Bankruptcy proceeding considered a Fiduciary relationship to the Debtor and Estate

I specifically mean the US Trustee, not the Panel Trustee that may be assigned to a case by the US Trustee. So with respect to the duty that the US Trustee must provide in a Bankruptcy proceeding.

Leonard R. Boyer
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answered on Jan 14, 2017

The US Trustee appoints the panel Trustee. There is no fiduciary relationship to the debtor. The Trustee's obligation is to both the creditors. Creditors and debtors each need to have their own counsel. Good luck.

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2 Answers | Asked in Bankruptcy for New York on
Q: I am helping my kid pay off some student loans - she just declared bankruptcy

- does this mean I'm on the hook for the full amount?

Michael David Siegel
Michael David Siegel
answered on Jan 13, 2017

Not unless you are a cosigner.

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1 Answer | Asked in Bankruptcy for New York on
Q: Ch.13 -can I legally require my 16yr old son to pay some of my mortgage & home repairs w o trustee or court notif?

I am short on Money and know that my son has some savings that could help me with my repairs and mortgage.

Leonard R. Boyer
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answered on Dec 20, 2016

It is not your son's legal obligation to pay. Try to work things out amicably, do not try getting the Courts involved.

2 Answers | Asked in Bankruptcy and Real Estate Law for New York on
Q: i AM 1/3 OWNER OF A HOUSE ATTAINED IN A WILL. ONE OTHER 1/3 OWNER FILED BANKRUPTCY and their share was taken.

I want to either buy out the lien, or find out how to satisfy the lien.

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 6, 2016

This is not a simple process. You need an attorney who practices both bankruptcy and real estate to handle this matter. Good luck.

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1 Answer | Asked in Bankruptcy for New York on
Q: If I file for bankruptcy before my house is foreclosed on, do I get to keep my house?
Michael David Siegel
Michael David Siegel
answered on Nov 30, 2016

There are no guarantees but you can try to work a modification in bankruptcy.

1 Answer | Asked in Bankruptcy for New York on
Q: I need help filing for bankruptcy, chapter 7
Sunjae Lee
Sunjae Lee
answered on Nov 11, 2016

See a bankruptcy attorney to check eligibility. (This is a Q&A forum)

1 Answer | Asked in Bankruptcy for New York on
Q: Is there a statute of limitations on private student loans in New York or are they dischargeable in a Chapter 7 filing?
Michael David Siegel
Michael David Siegel
answered on Nov 8, 2016

They are not dischargeable. There is no statute of limitations, as Federal law trumps NY law.

1 Answer | Asked in Bankruptcy for New York on
Q: My ex owes a bunch of back child support but he just filed for bankruptcy - now what?
Michael David Siegel
Michael David Siegel
answered on Oct 26, 2016

Send the trustee your support order. You do not need to do anything. Support orders are unaffected by bankruptcy.

1 Answer | Asked in Bankruptcy for New York on
Q: My husband filed bankruptcy in 2005. We recently found a joint credit card account that was not included originally?

This credit card was opened In 1998 and have not had possession on the credit card for almost 15 years. What can I do to get this removed?

Michael David Siegel
Michael David Siegel
answered on Sep 4, 2016

If you had a no asset Chapter 7 case, the law is that this debt was discharged as well. However, if it was joint, and only your husband filed, then it would still be owed by you. Based on your post, the statute of limitations has passed on collection.

1 Answer | Asked in Bankruptcy for New York on
Q: How and when is a credit card debt declared non-dischargeable repaid in a chapter 13 case?

If part of a credit card debt is declared non dischargeable, how does the debtor repay that amount? Is it paid out over the plan repayment period, does the debtor have to pay it up front, or does the card account stay open and the debtor continues to pay? Please help.

Thanks

Michael H

Robert Gambrell
Robert Gambrell
answered on Nov 18, 2015

The nondischargeable credit card debt is still an unsecured debt. All unsecured debt must be paid in the same manner through the chapter 13 plan. If you are paying 10% to unsecured creditors, that is all that the nondischargeable will receive through your chapter 13 plan. However, the unpaid... View More

Q: Will I loose my car if I go to court?

Me and my friend both a car together. I put $10,000 money down but we are both on the loan. I am the co-buyer and he is the primary buyer. The title, Registration and Insurance is under my name. Car was just purchased. He said he will call the bank and have them resend the title and registration to... View More

Adam Studnicki
Adam Studnicki
answered on Nov 13, 2015

This isn't a car accidents question.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal...
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