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New York Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy, Contracts and Public Benefits for New York on
Q: Need sum help undrstdng sum financial & car loan complication as well as some advice and explanations on sum othr

Financial obligation. Is there a way to back out of a car loan I am the co-owner of without impacting the main loan holder or is there a way to get lower payments of even possible help with payments Thru any programs?

Howard E. Knispel
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Howard E. Knispel
answered on Mar 15, 2022

While filing bankruptcy will release you of the obligation under the car loan, the other borrower will not be relieved and the lender can recall the loan and reposses the vehicle if the other borrower is unable to pay on their own.

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2 Answers | Asked in Bankruptcy for New York on
Q: Will the trustee allow me to keep my Recovery Rebate Credit from my Economic Impact Payment ?

If the economic impact payments (stimulus checks) were not taken by the chapter 13 trustees then why would the recovery rebate be taken. The recovery rebate is provided on the federal tax return for people who didn’t receive the full correct amount of their stimulus checks (economic impact... View More

Timothy Denison
Timothy Denison
answered on Feb 28, 2022

Most jurisdictions are allowing debtors to keep the RRC. Your bankruptcy attorney will know about your district for sure.

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1 Answer | Asked in Bankruptcy for New York on
Q: My Ch. 13 Bankruptcy calls for me to turn over my Tax Refund check to the trustee.

What happens if I receive a refund from the IRS but owe taxes on my state tax return (NYS)?

Will the trustee allow me to offset the two or will I have to turn over the Federal Refund and pay the NYS Taxes?

Will the trustee allow me to keep my Recovery Rebate Credit from my Economic... View More

Carl  Cottone
Carl Cottone
answered on Feb 28, 2022

Whether or not you keep the federal refund depends upon three factors 1) the basis of the refund, 2) the amount of the refund and 3) how hungry your Trustee is. If the basis of the refund is child/earned income, then the exemption covers it all. There is also a Wildcard exemption of $1,350 that can... View More

3 Answers | Asked in Bankruptcy and Workers' Compensation for New York on
Q: If your in a chapter 13 bankruptcy since 2018 and got injured in 2020 and now getting settlement is this exempt
Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 21, 2022

This question should be directed to your bankruptcy attorney.

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2 Answers | Asked in Bankruptcy for New York on
Q: Need a response for answer on complaint

Plaintiff does not seek an award of attorney fees contractual or statutory interest after the date of charge-off including any poor judgment interest and expressly disclaims any right it may have to the same

Michael David Siegel
Michael David Siegel
answered on Sep 21, 2021

You chose bankruptcy as the category. I do not understand your question, and would need to see the document about which you are inquiring.

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2 Answers | Asked in Bankruptcy, Employment Law, Workers' Compensation and Employment Discrimination for New York on
Q: Suspended without pay for extended amount of time

I have been suspended from my workplace for almost a month due to a security breach. My account was used to make administrative changes to our users via a vpn connection. Upon looking further into my home network I realized an unknown user has accessed my incoming connection Keylogged my system,... View More

Carrie Dyer
Carrie Dyer
answered on Aug 11, 2021

Your employer is not violating the law by keeping you on a leave of absence while the police investigate the security breach. Unfortunately, there is not much you can do in this situation besides wait.

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2 Answers | Asked in Bankruptcy for New York on
Q: in bankruptcy, I am heir to a condo that has arrears in hoa fees and they put a lien on the property. is that my debt?

how do I list this property on my schedules

Michael David Siegel
Michael David Siegel
answered on May 12, 2021

If it is in your name already, you need to pay the liens to keep the condo. You list them as secured debt. If it is not in your name, but will be some day, you list it on the statement of financial affairs.

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2 Answers | Asked in Bankruptcy, Contracts and Collections for New York on
Q: I have an account in collections that the collections company says is past the Statue of Limitations. I'm not sure why?

I recently noticed a collection account from PRA on my credit report. I've never heard of them, but the amount owed was similar to the amount I owe a bank. I never received anything from PRA though, so I opened all my recent mail that I thought was junk.

Lo and behold, one of them was... View More

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Mar 15, 2021

The Statute of Limitations in NY for a debt is 6 years from the last use of that credit or last payment. The SOL is an affirmative defense meaning you would have to plead it to use it in a suit. If the creditor sues you then you would have to answer it with the Aff. Defense of SOL. As for the... View More

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3 Answers | Asked in Bankruptcy for New York on
Q: Do I need to file bankrupsy chapter 7 . Single dont own anything unfortunately. On ssd. Have a personal loan

A few cards.

Cristina M. Lipan
Cristina M. Lipan
answered on Feb 23, 2021

Although you have no assets for creditors to take, you might decide you don't want the hassle of collection calls, or just in case you receive non-exempt assets or income in the future, that these are not taken from you by a potential judgment. However, you may decide it is too expensive to... View More

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3 Answers | Asked in Bankruptcy for New York on
Q: once a motion for bankruptcy is approved and finalized by a bankruptcy court, can a creditor still come after assets?
Derek John Soltis
Derek John Soltis
answered on Feb 23, 2021

It depends. For instance, if you have a chapter 13 and you do not make your mortgage payments the bank can ask to lift the automatic stay. And if the stay is lifted they can go after the house.

If you file a chapter 7 and own a car, and stop making payments the creditor can ask for the...
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5 Answers | Asked in Bankruptcy for New York on
Q: Am I entitled to any of the remaining balance of my house after it sold after my bankruptcy?

I claimed bankruptcy many years ago. I keep getting a notification of an outstanding balance with Caliber Home Loans. The house sold in 2017 for over $40,000 more than what I owed on the house. I am wondering if I am entitled to any of this at all.

Michael David Siegel
Michael David Siegel
answered on Feb 15, 2021

You would be unless you had other creditors. The trustee would have paid all the creditors and then if anything was left, paid you. There should have been a final report in the case.

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1 Answer | Asked in Bankruptcy for New York on
Q: chapter 11 Bankruptcy, small business with a single creditor,

I will have no consenting class, Will it be impossible to get a cram down? his nonsecured class will get nothing, his secured class will get chapter 7 value, the secured collateral is not worth as much as the debt, so the creditor will object on the both secure and the non secured class.

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Dec 22, 2020

I'm in SE Pennsylvania, and my district, your case would be kicked out of bankruptcy court inasmuch as its a dispute between only two parties, your business and the one creditor.

And even if you could somehow get over that hump, you'd still need at least one class of impaired...
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2 Answers | Asked in Bankruptcy for New York on
Q: Hello I am in need to file for bankruptcy. I am homeless and I am from out of state.

All of my debt occurred in a different state and is some years old I and homeless no income at moment. I will soon be filing taxes for the last years as I know it's required. Can you provide free legal aid for my situation?

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Dec 4, 2020

We cant provide over this forum, but look up Pro Bono Services in whatever county your are in. Under Bankruptcy laws, you can file where you are , as long as you have been there for 6 months

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4 Answers | Asked in Bankruptcy for New York on
Q: I filed bankruptcy in July2020 it was discharged in Nov. 2020. Now lawyer wants more money to handle a lien on my home.

I retained a lawyer in July2019. Gave them all documentation plus a summons that I was being sued by a creditor. We filed the bankruptcy july 2020 and it has been discharged 2 weeks ago. I get a call from the attorneys office stating that they received a judgement in the mail that went to one of... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 17, 2020

The removal of a lien is a separate state court proceeding and is beyond the scope of representation in a Bankruptcy proceeding. $1000 for this in NY, is an incredible bargain! In NJ, I charge $1,750 each.

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7 Answers | Asked in Bankruptcy for New York on
Q: What i need to apply for BankruptcyI am retired with 865 a month, less rent 309 and home phone 71 I count with 485

my credit debt is $39,116.06

no house owner and need to keep my 2004 jeep (about 3500 by kellys blue book)

where i could fin a lawyer for this???

Thank for your time

Karra Kingston
Karra Kingston
answered on Sep 2, 2020

I think you should speak with a bankruptcy lawyer in New York. I am a lawyer in New York there’s more questions to ask most lawyers in New York provide free consultations!

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3 Answers | Asked in Bankruptcy, Consumer Law and Identity Theft for New York on
Q: Master Promissory Note on file with FSA for Student Loans never signed and is completely blan: Can i discharge the debt?

The Master Promissory note on file with Federal Student Aid is completely blank. There's no information about me in any regard, not even my name. Am I legally responsible for this debt or can It be discharged/forgiven?

The Federal Student Aid website has all the federal loan... View More

Michael David Siegel
Michael David Siegel
answered on Aug 21, 2020

Did you get a loan? Have you paid this loan? How are you liable if your name is not in the database?

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5 Answers | Asked in Bankruptcy and Divorce for New York on
Q: If husband files for bankruptcy prior to divorce will that affect how much I end up with?
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Aug 18, 2020

It may depending on what property is included in the bankruptcy, however, this may be offset if the reason for the bankruptcy is your husbands dissipation of assets such as gambling.

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7 Answers | Asked in Bankruptcy and Divorce for New York on
Q: I’m a teacher and husband owns a business he’s threatening to file bankruptcy to not have to give me anything in divorce

Husband seems to do pretty well we live in a nice house multiple high end cars claims to have substantial debt including a million dollar loan he says that is backed by the house. Offered me a deal to buy him out of the house he wants the down payment he put down back plus about 100k of the equity... View More

Nina Mironenko
Nina Mironenko
answered on Aug 18, 2020

Find a good attorney who practices in Brooklyn.

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2 Answers | Asked in Bankruptcy, Immigration Law, Real Estate Law and Workers' Compensation for New York on
Q: What made you become a lawyer? What do you wish you knew at my age (15)? How do I become a lawyer? Any pros and Cons?

I am doing an interview for a summer program and would like true answers if possible.

Tim Akpinar
Tim Akpinar
answered on Aug 13, 2020

You are very young now, but it is good that you set your goals so early. When you get to college, concentrate on keeping good grades and when you get to that point, you could look into an exam called the LSAT. For now, you can read about the profession and try to learn as much as you can. Learn... View More

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