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New York Bankruptcy Questions & Answers
5 Answers | Asked in Bankruptcy for New York on
Q: When you get your chp.7 bankruptcy discharge order does that end the automatic stay?
Stuart Nachbar
Stuart Nachbar answered on Mar 6, 2019

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.

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2 Answers | Asked in Bankruptcy for New York on
Q: If a Motion and claims are still being litigated, does the litigation have to be decided before a discharge order could

Be granted for the debtor in a Chapter 7 ?

Michael David Siegel
Michael David Siegel answered on Mar 5, 2019

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.

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3 Answers | Asked in Bankruptcy for New York on
Q: Im late in filing the last credit councelling certificate in my Chapt. 7, will I still get a discharge if it was due

5 weeks ago or do they naturally give you an extention of time and how much?

Karra Kingston
Karra Kingston answered on Mar 4, 2019

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.

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3 Answers | Asked in Bankruptcy for New York on
Q: A chpt.7 referee awarded me homestead exemtion after a referee deed was filed on the property. But before the sale of my

Home a tender of payment was given to the bank but they sold the property anyway and violated a Supreme court order to stay the sale. The trustee in chp. 7 told me she received my tender of payment and granted the ny homestead exemption. But she has not brought an adverse claim against the people... Read more »

Timothy Denison
Timothy Denison answered on Mar 2, 2019

Possibly, although you should have your lawyer file s motion for contempt, return of property and attorney fees for violation of the stay.

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6 Answers | Asked in Bankruptcy for New York on
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,

And do the bank have to motion the court again to remove the chpt13 stay?

Karra Kingston
Karra Kingston answered on Mar 2, 2019

Did you have a lawyer when you filed? If so you should ask your attorney or get one before it’s too late.

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3 Answers | Asked in Bankruptcy for New York on
Q: can a family’s members bill in there name be claimed on my bankruptcy?

My cell bill is very high and in my moms name. I have been paying it, can I include that?

Karra Kingston
Karra Kingston answered on Feb 22, 2019

No not if it’s not in your name.

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5 Answers | Asked in Bankruptcy for New York on
Q: After filing, can the trustee ask for my rent lease to be terminated? I stated I will to assume my apartment lease.

I have already filed my case but I read online If the trustee believes the rent is unreasonable or beyond the debtor's means, he can direct the court to terminate the lease, allowing the landlord to evict the debtor. Furthermore, the trustee has to decide within 60 days of the petition filing... Read more »

Michael David Siegel
Michael David Siegel answered on Feb 19, 2019

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.

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1 Answer | 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

Jonathan David Warner
Jonathan David Warner answered on Feb 14, 2019

Yes, you are requires to list all your income and liabilities in your bankruptcy schedules.

Good luck.

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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