I have only unsecured debt. My disposable income is around $80, would my plan be accepted? I’m under the median income. Had a ch7 discharged less than 8 years ago. Being sued by creditors. I don’t have any non exempt assets.
answered on Aug 28, 2023
There is no minimum payment as long as it is not zero. The payment would likely be the amount available according to the means test but also your non exempt assets are a factor. Speak to an attorney to determine the specifics.
I have only unsecured debt. My disposable income is around $80, would my plan be accepted? I’m under the median income. Had a ch7 discharged less than 8 years ago. Being sued by creditors. I don’t have any non exempt assets.
answered on Aug 28, 2023
The required time between a Ch 7 and a Ch 13 is four years, so you're OK there. And, since there is no requisite minimum payment and, as long as $80 is your disposable income, there shouldn't be a problem there. Also, most trustees require that any amount over a specified amount of tax... View More 
I have only unsecured debt. My disposable income is around $80, would my plan be accepted? I’m under the median income. Had a ch7 discharged less than 8 years ago. Being sued by creditors. I don’t have any non exempt assets.
answered on Aug 28, 2023
There is no per se minimum but of course it depends on the circumstances. I don’t see any inherent issue with an $80/month payment under the situation you described, but you should certainly seek the counsel of a qualified attorney to avoid the many potential pitfalls in bankruptcy... View More
While under COVID-19-Related Hardship Foreclosure Protection (from 3/25/2021-9/20/2021) which my mortgage company extended to me upon my written request after filing the COVID-19 Hardship Form, their attorneys filed Notice of Motion and Motion for Termination of the Automatic Stay. I was not fully... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 8, 2023
I'm truly sorry to hear about this incredibly stressful situation. In situations where there may have been a violation of court orders or misconduct by your own attorney, it could potentially be beneficial to consult with another attorney to review the specifics of your case and possibly... View More
While under COVID-19-Related Hardship Foreclosure Protection (from 3/25/2021-9/20/2021) which my mortgage company extended to me upon my written request after filing the COVID-19 Hardship Form, their attorneys filed Notice of Motion and Motion for Termination of the Automatic Stay. I was not fully... View More
answered on Aug 25, 2023
Based upon the facts you've presented, it doesn't sound as if any fraud was committed - though I do sympathize with your frustration.
In just about any case, non-payment of your mortgage is grounds for termination of the Automatic Stay in a Bankruptcy Case. The COVID-19 Hardship... View More
My chapter 7 filed and discharged 5 years ago. My income is under the median income for my state. I have no non exempt assets and only have unsecured non priority debt. I have very little disposable income. Is chapter 13 an option? Would I be able to propose to pay 0.00 to unsecured claims?
answered on Aug 17, 2023
In the Poughkeepsie Division of the SDNY, where I practice, for a Chapter13 Plan to be confirmed it must provide for a monthly payment of at least $50 to $75. Your payment may have to be greater, in order to comply with the hypothetical liquidation analysis prong of the requirements for... View More
My chapter 7 filed and discharged 5 years ago. My income is under the median income for my state. I have no non exempt assets and only have unsecured non priority debt. I have very little disposable income. Is chapter 13 an option? Would I be able to propose to pay 0.00 to unsecured claims?
answered on Aug 17, 2023
The Court cannot confirm a plan when you have no disposable income to fund the plan or when the plan proposes 0.00% repayment to your unsecured creditors. You should consult with local bankruptcy attorney to see what your options are to manage your debt. While a Chapter 13 maybe an option for... View More
My chapter 7 filed and discharged 5 years ago. My income is under the median income for my state. I have no non exempt assets and only have unsecured non priority debt. I have very little disposable income. Is chapter 13 an option? Would I be able to propose to pay 0.00 to unsecured claims?
answered on Aug 16, 2023
To be confirmed, a Ch. 13 Plan must be both feasible, and must provide to unsecured creditors the "indubitable equivalent" of what they would receive in a Ch. 7.
You do not provide any financial circumstances/facts. Consult with an experienced lawyer in NY who can review your... View More
My chapter 7 filed and discharged 5 years ago. My income is under the median income for my state. I have no non exempt assets and only have unsecured non priority debt. I have very little disposable income. Is chapter 13 an option? Would I be able to propose to pay 0.00 to unsecured claims?
answered on Aug 17, 2023
I agree with Mr. Winterstein that the best initial course of action is to consult with an experienced attorney.
While a plan payment of zero for a particular month is not prohibited by the bankruptcy code, plans of repayment must be filed in good faith. A plan proposing to pay zero is... View More
My chapter 7 filed and discharged 5 years ago. My income is under the median income for my state. I have no non exempt assets and only have unsecured non priority debt. I have very little disposable income. Is chapter 13 an option? Would I be able to propose to pay 0.00 to unsecured claims?
answered on Aug 17, 2023
You can not file a Chapter 7 within 8 years of your previous Ch. 7. A Ch. 13 requires you to have a payment plan (and can not be 0). It has to be feasable based on your disposable income. Consult an attorney.
My chapter 7 filed and discharged 5 years ago. My income is under the median income for my state. I have no non exempt assets and only have unsecured non priority debt. I have very little disposable income. Is chapter 13 an option? Would I be able to propose to pay 0.00 to unsecured claims?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 8, 2023
Given your current financial situation with little to no disposable income and unsecured non-priority debt, it might be possible for you to propose a Chapter 13 plan with low or possibly even zero payments to unsecured creditors, although the feasibility of such a plan will ultimately be determined... View More
Initially, my 13 coworkers and I signed a contract which specified that we were interns for this startup. We signed 1099 forms. Later, before the start of the internship, we signed an amendment that said we would receive 100% of our salary at the end of the internship.
Throughout our... View More
answered on Aug 15, 2023
File a claim with the New York State Department of Labor. Non-payment of wages is the responsibility of the owner, if the company does not pay. File a proof of claim in the bankruptcy. As to a labor lawyer, these kinds of cases are usually on contingency, so talk to labor lawyers that do wage... View More
Initially, my 13 coworkers and I signed a contract which specified that we were interns for this startup. We signed 1099 forms. Later, before the start of the internship, we signed an amendment that said we would receive 100% of our salary at the end of the internship.
Throughout our... View More
answered on Aug 15, 2023
Did the company file Chapter 11 or 7? Wages are not dischargeable in bankruptcy. There maybe an eliment of fraud here so you may want to file an adversarial proceeding. An employment lawyer may not be well versed in bankruptcy law. You should seek out counsel experienced in adversarial... View More
Initially, my 13 coworkers and I signed a contract which specified that we were interns for this startup. We signed 1099 forms. Later, before the start of the internship, we signed an amendment that said we would receive 100% of our salary at the end of the internship.
Throughout our... View More
answered on Aug 15, 2023
They could be. Yes. You need to file a proof of claim for the wages in the bankruptcy. You should also consult a bankruptcy lawyer regarding a possible adversarial proceeding based on fraud that you might file against the company within the bankruptcy.
Initially, my 13 coworkers and I signed a contract which specified that we were interns for this startup. We signed 1099 forms. Later, before the start of the internship, we signed an amendment that said we would receive 100% of our salary at the end of the internship.
Throughout our... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 8, 2023
I'm sorry to hear about the challenging situation you and your fellow interns are experiencing. In a bankruptcy case, wages owed to employees are often treated as priority unsecured debts, which means they are among the first debts to be paid, albeit potentially only partially, from the... View More
I can't afford to survive with all the debt incurred while married. He does not want to file for bankruptcy, but I do. Is that possible while starting the divorce process and how would that affect the process of an uncontested divorce?
answered on Jun 19, 2023
You can absolutely file for bankruptcy before the divorce is finalized. Your impending divorce is something you'll definitely want to discuss with your bankruptcy lawyer, as it has implications as to what chapter for which you are eligible to file. For instance, if you are separated, your... View More
I can't afford to survive with all the debt incurred while married. He does not want to file for bankruptcy, but I do. Is that possible while starting the divorce process and how would that affect the process of an uncontested divorce?
answered on Jun 19, 2023
You can file a bankruptcy, but there may (or may not) be reasons to wait until the divorce is finalized. There are a lot of factors that go into when to file a bankruptcy, under what chapter, etc., and major life changes like a divorce are intertwined with those factors. The best advise you will... View More
I lived in Ithaca, NY for 7 years and had to go back to my home country because of an illness.
I left some credit card debt which I cannot pay. 1) What should I do to file for bankruptcy? 2) Is there someone that would be willing to help pro-bono? 3) Would this problem bar me from having a... View More
answered on May 10, 2023
Your questions are of a mostly general nature and really do require that you consult with an attorney to determine whether a bankruptcy filing is justified, if so under which chapter, and a host of other issues that would need to be reviewed. Whether you find an attorney to represent you pro bono... View More
I received in the mail today and income execution for my paycheck for a debt from 2014. I have never received anything from this debt. No PaperWorks no phone calls. Also it was for a vehicle that I had $3000 balance on but was totaled out and the insurance paid when my car got stolen. Also, this... View More
answered on Mar 23, 2023
You did not indicate when the judgment was entered, but I would assume it would be some time ago and it may be too late to vacate the judgment—but this would depend on some of the dates and other circumstances.
Barring a vacatur of judgment, you could contact (personally or through an... View More
my brother has been advised the judgement against him is having his bank account frozen. Problem is he is also joint in my elderly moms account and that is all of her money. He doesnt deposit any money into that account. How do we keep them from freezing her money and taking her money
answered on Mar 20, 2023
You need to identify the proper exemptions to file under the EIPA. This requires knowledge of the law to fully take advantage of these rights. If you present valid legal exemptions supported by documentation, and the bank still proceeds to comply with the garnishment, you may need to file an Order... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
