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New York Bankruptcy Questions & Answers
3 Answers | Asked in Bankruptcy for New York on
Q: What are the best arguments for NOT filing for bankruptcy if you just have a lot of debt?
Leonard R. Boyer
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answered on Sep 14, 2018

To answer this question, more specific information is required. If you have a security clearance and could lose it, then filing for Bankruptcy would not make sense. Otherwise filing for Bankruptcy is likely to be your best solution. Of course, this is subject to much more specific information than... View More

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3 Answers | Asked in Bankruptcy for New York on
Q: is it ok if I get a new account with BOA if I filed bankruptcy while banking with them before?

I filed bankruptcy last year while banking with Bank Of America. I had a checking account and a credit card with them. My bankruptcy lawyer told me BOA might try to get the money I owed them from the credit card I that I had if I stayed with them. So I took my money out of the checking account and... View More

Leonard R. Boyer
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answered on Aug 27, 2018

There are plenty of other banks and credit unions to chose from. Many banks are national, so no matter where you go, you can access a branch or handle your needs online. Bank of America, just because you used them previously, offers you no benefits than other banks or credit unions. Bank of... View More

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3 Answers | Asked in Bankruptcy for New York on
Q: Can I file for Chapter 7 Bankruptcy if my mom has me down as a Shareholder on her Coop?

I want to file for Chapter 7 Bankruptcy, I do not own any assets but my mom owns a co-op in NYC and has me down as a Shareholder. If I file for Chapter 7 Bankruptcy, can the court come after my mom home?

Cristina M. Lipan
Cristina M. Lipan
answered on Aug 14, 2018

This is considered your asset as well. While an exact answer depends on factors that require more information, most likely yes, the trustee would come after this co-op.

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4 Answers | Asked in Bankruptcy for New York on
Q: If only one spouse files for bankruptcy, how might that affect the other?
Leonard R. Boyer
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answered on Jul 30, 2018

There are too many variables to speculate on. But one thing is for certain, the non-filing spouse will be the only one liable for any and all joint debts.

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1 Answer | Asked in Bankruptcy, Consumer Law and Banking for New York on
Q: Hi, I've signed up for a MMA and they charged me 1809 for two months when others are charged 250 Signed a contract

I really don't know what to do, We tried to use a credit card but the funds were insufficient so the credit card wasn't charged, The contract says it's nonrefundable. Other people are charged 260 for 4 classes a week when i blindly signed and now am sopposedly charged '2 monthly... View More

Jonathan David Warner
Jonathan David Warner
answered on Jul 27, 2018

I'm not sure I see how this relates to Bankruptcy... If you're seeking to determine whether this can be discharged in a bankruptcy case, the answer is likely "yes".

Otherwise, it seems to me that you signed a contract and that you're liable for whatever obligations...
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3 Answers | Asked in Bankruptcy for New York on
Q: can a overpayment of ss didability be filled in chapter 7
Michael David Siegel
Michael David Siegel
answered on Jun 28, 2018

It depends on the circumstances and the timing.

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1 Answer | Asked in Bankruptcy for New York on
Q: I have judgements against me. Went to court order to show cause. Clerk told me they have an old addresses. can I vacate

I have three judgements against me. Went to court to show order of cause. Clerk said they have an old address & another one didn’t even have an address. I make minimum wage part time also on Medicaid. Can they still garnish my wages? Will I have a good chance vacating them being I no longer... View More

Michael David Siegel
Michael David Siegel
answered on Jun 22, 2018

vacating = good chance

garnish = yes, but the amount will be capped at 10% of gross wages.

1 Answer | Asked in Bankruptcy and Immigration Law for New York on
Q: How does Chapter 11 bankruptcy filed by a corporation affect the corp's investor on E-2 visa? Any authoritative guidance
Timothy Denison
Timothy Denison
answered on Jun 21, 2018

Consequences are same as for any other investor.

2 Answers | Asked in Bankruptcy for New York on
Q: How are child support payments handled in bankruptcy? My ex has indicated he might file.
Michael David Siegel
Michael David Siegel
answered on Jun 18, 2018

They must continue to be made as scheduled. There is no stay.

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3 Answers | Asked in Bankruptcy for New York on
Q: One of my creditors is trying to collect a debt I owe them after I filed for bankruptcy. How do I get them to stop?
Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on May 30, 2018

Tell and give proof to your lawyer who will amend the petition to include them. Also the attorney should send a 362 letter to them. Also give them your bankruptcy case number

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3 Answers | Asked in Bankruptcy for New York on
Q: Converting Chapter 7 to Chapter 13

What motion would i have to file to covert my chapter 7 to a chapter 13. My main purpose is to keep my car(my only secured asset).

Edit: To the attorney who stated I do not know the rules of evidence, how to handle a legal case etc, those were poor choices of words. Without disclosing too... View More

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on May 29, 2018

You file a motion to convert, citing that a debtor has one right to convert and that you have ability to meet requirements of a chapter 13

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2 Answers | Asked in Bankruptcy for New York on
Q: I have filed Chapter 7 and I am trying to get my repossessed car back.

I have filed Chapter 7 and I am trying to get my repossessed car back. I am not sure if I am missing something because the lender is not budging. They reneged on a retain and pay. What else should i be including in my mandatory filing of schedules

Michael David Siegel
Michael David Siegel
answered on May 29, 2018

If the repo was done already, you do not get your car back. Unless you pay. The stay prevents further action, but not reversing actions taken.

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1 Answer | Asked in Consumer Law, Contracts, Bankruptcy and Real Estate Law for New York on
Q: filed ch.13 now having hard time paying. if I had filed just regular bank. could a lien be put on life use of home

Live in Croghan ny in live in life estate home my dad held deed he has since passed, do I own home now and court woud put lien on it I'm disabled and live on 750.0 and with me paying taxes that, 150;00 the court agreed on is getting hard and for that I wonder why my lawery did not file... View More

Aubrey Claudius Galloway
Aubrey Claudius Galloway pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 11, 2018

I don’t really understand what you are asking, but I would be happy to speak to you about it for free at 914-912-1555. What I don’t understand why you filed for bankruptcy? You could’ve restructure the mortgage and consolidated any other debt, Without losing credit for 15 years. If the... View More

2 Answers | Asked in Bankruptcy for New York on
Q: I'm going to be filing bankruptcy this week. I have a loan in which I put my car up as collateral to secure the loan.

Will this loan be discharged as well? Do I need to worry about losing my car?

Michael David Siegel
Michael David Siegel
answered on May 8, 2018

If you do not know the answer to this question, you either have the most uncommunicative lawyer, or are doing something yourself you have no idea how to handle. This is a basic issue, which depends on the value of the car. If you keep the car, the loan must be paid.

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2 Answers | Asked in Bankruptcy for New York on
Q: If I just got back from awol and they are chaptering me out can I still get paid?

Or at least get the pay from the time I was awol?

Timothy Denison
Timothy Denison
answered on May 7, 2018

Yes. Contact the trustees office and file a motion with the court and you will probably still be paid.

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2 Answers | Asked in Bankruptcy for New York on
Q: What forms in Southern NY have to be filed first for chapter 7 bankruptcy without a lawyer?
Michael David Siegel
Michael David Siegel
answered on Apr 24, 2018

It is on the court website. If you don't understand it, consider a lawyer.

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2 Answers | Asked in Bankruptcy for New York on
Q: Will my home and vehicles be taken if I file bankruptcy?

I have 2 vehicles in my name that others use and pay for, I also am still on the mortgage for my ex husbands home which he live in and pays for. How would me filing bankruptcy affect them?

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 4, 2018

The best way to answer your questions and address your concerns would be with an in person consultation. More facts are required in order to provide precise meaningful answers.Trying to represent yourself in Bankruptcy is unwise to put it nicely. There are both Federal and Local Rules of Bankruptcy... View More

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1 Answer | Asked in Bankruptcy and Child Support for New York on
Q: Hi Im a non-custodial father, my son is 18 years of age I've been out of work for 21 months, can back pay be modified?

Does the amount to be payed fluctuate if my employment status changes? Please help thank you

John Peter Brooke
John Peter Brooke
answered on Apr 3, 2018

You can't discharge child support arrears in bankruptcy but can pay them back in a chapter 13. If you are out of work through no fault of your own and have been trying to get a job you may want to file a modification petition in family court. In general, you can't change back payments... View More

2 Answers | Asked in Bankruptcy for New York on
Q: Am I allowed to negotiate settlements with my creditors after filing bankruptcy or do I have to let the bankruptcy court

decide what I owe to whom?

Michael David Siegel
Michael David Siegel
answered on Mar 24, 2018

The point of bankruptcy is not to pay your creditors, so your question makes no sense.

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2 Answers | Asked in Bankruptcy for New York on
Q: in ny state if i give my house to my step member and have life time living do i still own the home
Michael David Siegel
Michael David Siegel
answered on Feb 27, 2018

If you did the deed right you have a life estate.

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