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New York Bankruptcy Questions & Answers
3 Answers | Asked in Bankruptcy for New York on
Q: If I file bankruptcy and I live with my parents still but I pay half of the heat and cable bill

Do I still list it under my budget

Michael David Siegel
Michael David Siegel answered on Feb 14, 2019

Yes. Your budget is whatever you pay.

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4 Answers | Asked in Bankruptcy for New York on
Q: If I am paying part of my boyfriend’s bills do I need proof for my attorney when filing chapter 7 bankruptcy?

If i file chapter 7 bankruptcy and I put together a budget And Me and my fiancé bought a apartment together although it’s in his name. I am not living with him but I pay part of the bills. Do I need to bring proof that I’m paying the bills. Such as fuel or cable

Leonard R. Boyer
Leonard R. Boyer answered on Feb 13, 2019

If you have an attorney, that is the person to whom all your questions need to be directed.

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3 Answers | Asked in Consumer Law and Bankruptcy for New York on
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

Matrix list and they are trying to evict me from my home and remove the Automatic Stay. Should I add them to the Matrix list, even though I do not owe them nothing? They have already violated the Stay, and if I add them will i still be protected after the discharge order from them evicting me?

Timothy Denison
Timothy Denison answered on Feb 12, 2019

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.

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5 Answers | Asked in Bankruptcy for New York on
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

Also my unsecure are about 40 thousand, can i keep my property or must the trustee sell it, for Chapter 7? And if the trustee sells it will she cut a check for only the homestead exemption or all of the equity too?

Jonathan David Warner
Jonathan David Warner answered on Feb 5, 2019

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...
Read more »

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4 Answers | Asked in Bankruptcy, Foreclosure, Real Estate Law and Landlord - Tenant for New York on
Q: Can you seek leniency from the court to avoid extreme hardship

My house was foreclosed on receive a letter to vacate have three children in school and my funds are limited

Jonathan David Warner
Jonathan David Warner answered on Feb 3, 2019

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...
Read more »

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6 Answers | Asked in Bankruptcy for New York on
Q: If I am being sued by a credit card company can I still file for bankruptcy?

I have a lot of credit card debt and I’m only able to make the minimum payment. So I signed up for debt relief and it was still too expensive so I canceled it. Now I’m being sued by one of my credit card companies because I owe them money. I wanted to know if I was still able to file bankruptcy.

Karra Kingston
Karra Kingston answered on Feb 1, 2019

Yes you can still file if your being sued! It will stop the lawsuit.

Karra L. Kingston Esq.

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4 Answers | Asked in Bankruptcy for New York on
Q: What is the law number that allow exemption in households

I am filing for chapter 13 and asked me, after the amount I claimed, what is the specific law that allow exemption

Karra Kingston
Karra Kingston answered on Jan 19, 2019

I’m not really sure what you are asking. I advise that you sit and speak with an attorney.

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3 Answers | Asked in Bankruptcy for New York on
Q: I have a student loan that has tripled due to interest accrued

I need to find out what to do with this loan which has changed hands many times. I have paid on it sporadically due to financial issues. I am willing to negotiate a reasonable payment but have appealed to thees different lenders with no positive results.

Leonard R. Boyer
Leonard R. Boyer answered on Jan 11, 2019

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... Read more »

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2 Answers | Asked in Bankruptcy for New York on
Q: Is it appropriate for a creditor to file a 542 motion for turnover of assets he claims are not property of the estate?

A creditor filed claims against the estate, then years later filed a motion pursuant to 105 and 542 for turnover of assets which are almost identical to the amounts alleged in his previously filed claims, asserting that these were not assets of the estate under 541.

Note - many of this... Read more »

Timothy Denison
Timothy Denison answered on Jan 4, 2019

Yes, if there is a reasonable basis for him to do so. No if it is based on fraud or deceit.

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3 Answers | Asked in Bankruptcy for New York on
Q: Am I financially responsible as the indemnitor of a bail bond if the bond has been revoked?

I am the indemnitor on a $11,000 bond that was revoked. I bonded out my ex boyfriend from two different charges. His bond was revoked because he was arrested while on bond for harassing me. Despite that I was the victim of the aggravated harassment charge, would I still be responsible financially... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Dec 22, 2018

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... Read more »

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3 Answers | Asked in Bankruptcy, Consumer Law and Contracts for New York on
Q: If I'm residing with roommates, is the personal property of theirs that they allow me to use legally considered mine

For example, because my roommate allows me to watch his TV and control it, does that constitute my ownership of his TV?

Jonathan David Warner
Jonathan David Warner answered on Dec 19, 2018

No. If you do not have title to the property, you do not own the property.

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4 Answers | Asked in Bankruptcy for New York on
Q: Will consolidating student loans during a bankruptcy prevent discharge after a 341 meeting?

I have already sought legal help and filed for bankruptcy ch 7. I also have gone forth to the 341 meeting. My student loans are listed and less than $5k. I didn't sign any petition to have them discharged in my case.

Jonathan David Warner
Jonathan David Warner answered on Dec 7, 2018

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... Read more »

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2 Answers | Asked in Bankruptcy for New York on
Q: "earned but unpaid wages received within 60 days of filing for bankruptcy"??

I am filing bankruptcy in New York. There is an exemption I may be eligible for, to protect some cash that i have, but i dont understand the wording:

Wages

5205 - 90% of earned but unpaid wages received within 60 days of filing for bankruptcy

How can my wages be both... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Dec 5, 2018

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... Read more »

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5 Answers | Asked in Bankruptcy for New York on
Q: Does my social security get touched if I file?
Michael David Siegel
Michael David Siegel answered on Nov 30, 2018

No.

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4 Answers | Asked in Bankruptcy, Consumer Law and Family Law for New York on
Q: Debt for legal,fees incurred by estranged husband whom I am in the orocess of divorcing in his home state Ca - debt

Incurred in Fl - his lawyer in Ca said lien will be put on my home in NY which is my primary residency - no mortgage on property in joint tenancy. Do I have to vacate the home? I am 69 and with dystonia, high blood pressure, heart vale issue, etc. my divorce lawyer says move out he can charge me... Read more »

Timothy Denison
Timothy Denison answered on Nov 10, 2018

Complicated question and not enough information. Consult a bankruptcy attorney immediately to determine your rights.

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5 Answers | Asked in Bankruptcy for New York on
Q: if you have 2 people on auto loans and personal loans , and 1 party files bankruptcy. does the 2nd party become responsa
Karra Kingston
Karra Kingston answered on Nov 9, 2018

Yes if you took them

Out together and one filed the other person will be liable

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3 Answers | Asked in Bankruptcy, Consumer Law and Banking for New York on
Q: Can a bank take funds for offset if the money was withdrawn from a 401k due to financial hardship?

I withdrew money from my 401k due to financial hardship, the institution in error sent to a closed/overdrawn account (I have proof this is their error). Can the bank legally take my money even though it was for hardship and they were previously notified of bankruptcy?

Michael David Siegel
Michael David Siegel answered on Nov 5, 2018

Possibly. It depends on the timing of how it came down.

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4 Answers | Asked in Bankruptcy for New York on
Q: I own some property upstate - would I have to sell it before I could declare bankruptcy?
Karra Kingston
Karra Kingston answered on Oct 26, 2018

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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6 Answers | Asked in Bankruptcy and Personal Injury for New York on
Q: If someone has a personal judgement against them and they file for bankruptcy will that judgement be affected?

Years of court dates, depositions, and medical bills a judge awarded me a settlement . I went to the Town Clerk and Sherrifs Department, spent approximately $500 with the hopes that all the information I provided was correct. A few weeks later I find out that the person the judgement was against... Read more »

Karra Kingston
Karra Kingston answered on Oct 23, 2018

Unfortunately, no. There is an automatic stay in place which means you can no longer go after them. That's assuming that he/she has the automatic stay. You can try to make a motion to lift it but it is highly unlikely that a judge would life it. Unfortunately if he gets a discharge you can no... Read more »

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