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New York Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for New York on
Q: Could I file Chapter 13 if the home I own is not my primary residence? Also, Could I lein strip the 2nd mortgage.

I would like to file chapter 13 but the home I own is not my primary residence. Am I able to do that? I would like to keep my home. I also have a 2nd mortgage that I wanted to strip down. Unpaid principal balance of $285k plus $100k in arrears on 1st mortgage. 2nd mortgage arrears are $120k. Home... View More

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

Chapter 13: No, if the goal is to save the home with no equity.

Strip: No, if not primary residence.

1 Answer | Asked in Bankruptcy for New York on
Q: I filed chapter 7 bankruptcy 2/14/18. Irs signed and sent 6343 document 2/15/18 will any levy payment be refundable

After 2/15/18

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

There will be no levies until your case closes. Then the levies will start.

1 Answer | Asked in Bankruptcy for New York on
Q: Will IRS refund any money levied after chapter 7 bankruptcy is filed.
Michael David Siegel
Michael David Siegel
answered on Feb 22, 2018

No, unless it was illegally taken.

5 Answers | Asked in Bankruptcy for New York on
Q: I just filed chapter 7 bankruptcy on 2/14/18. I discovered a bill that I didn't include. Can I add it now?
Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Feb 20, 2018

Yes, you can amend to add a creditor. There is a Fee for doing same, and you can find it on the Courts Website

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1 Answer | Asked in Bankruptcy for New York on
Q: can i avoid vacating a lien for debtors property, debtor filed chapter13, ( have a money judgement against him)?

if they vacate the lien than my judgement becomes dischargeable, he filed in nyc.

Michael David Siegel
Michael David Siegel
answered on Feb 16, 2018

Yes, but it turns on the appraised value of the property. Your lien stays if the property is valuable enough to cover the lien and the homestead exemption (if applicable).

2 Answers | Asked in Bankruptcy for New York on
Q: Can Chapter 13 seize or force you to liquidate any assets if you can't make payments?
Leonard R. Boyer
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answered on Feb 1, 2018

If you do not make the payments, the chapter 13 will be dismissed or you may have to convert it into a Chapter 7. But there are numerous other possibilities, which require an in person consultation.

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1 Answer | Asked in Bankruptcy and Tax Law for New York on
Q: Discharged from no asset ch.7 bankruptcy in 2017, do I need to file form 952. If yes do I complete Part II of form 982?

Was told I needed to file form 982 with my taxes, as I was discharged in a no assets chapter 7 bankruptcy in the tax year for which I am filing. I did not receive any 1099-C forms from the creditors. The bankruptcy was filed jointly with my husband, and taxes will be filed jointly as well. I was... View More

Michael David Siegel
Michael David Siegel
answered on Jan 31, 2018

You use it only if you get a 1099C, to explain why the income is not taxable. No 1099s, no form needed.

1 Answer | Asked in Bankruptcy for New York on
Q: Can the IRS request tax yr audit when your in chapter 13 filings
Leonard R. Boyer
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answered on Jan 22, 2018

Nothing will prevent the IRS from conducting an audit, including Bankruptcy.

2 Answers | Asked in Bankruptcy, Collections and Consumer Law for New York on
Q: I have life use of a home that I transferred to my daughter in March 2013. I also received a judgement for credit card

debt for $13,000.00. Can the credit card company take the home away from my daughter?

Michael David Siegel
Michael David Siegel
answered on Jan 3, 2018

Legally, yes. Likely, no.

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1 Answer | Asked in Bankruptcy for New York on
Q: Am in chapter 13 bankruptcy proceedings with 14 months left. My attorney has recused himself. What do I do?
Michael David Siegel
Michael David Siegel
answered on Dec 27, 2017

That is unusual. You can get a new lawyer, but in truth just finish your plan and get your discharge. You may really not need a lawyer for that.

1 Answer | Asked in Bankruptcy for New York on
Q: If I own a house in NY but have been working out of state helping a relative and have incurred most of my Deb t there

Can I file in that state

Michael David Siegel
Michael David Siegel
answered on Dec 25, 2017

You file where you have resided the bulk of the last 180 days. Residence is determined by your legal papers, like drivers license, voter registration, address on tax returns, and where you get your wages.

2 Answers | Asked in Bankruptcy for New York on
Q: How does a business qualify to file for bankruptcy?
Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Dec 22, 2017

It is a difficult question to answer in the abstract. Every situation is different and you, if you own a fiscally down business, should talk with counsel.

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3 Answers | Asked in Bankruptcy for New York on
Q: How can I find out the status of a case where I am listed as a creditor?
Michael David Siegel
Michael David Siegel
answered on Dec 21, 2017

Call the trustee

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1 Answer | Asked in Bankruptcy for New York on
Q: How long do you have to wait to purchase a house after filing bankruptcy
Cristina M. Lipan
Cristina M. Lipan
answered on Dec 6, 2017

There's no specific waiting period. It depends on whether your credit is good enough for a bank to offer you a mortgage. Rebuilding your credit may take some time, if that's necessary.

Information provided for informational purposes only and should not be taken as legal advice.

2 Answers | Asked in Bankruptcy for New York on
Q: How do I find a reputable bankruptcy attorney?

We began work on our bankruptcy in 2016. Attorney has since closed his practice, saying he'd either refund the $1000+ we paid him, or he had a colleague willing to take on the case for the same fee (he'd transfer our records and the funds we paid to the colleague). We indicated... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 28, 2017

Contact the Buffalo Office of Attorney Ethics today and let them know what happened to you. They may also be able to help you find a reputable attorney.

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2 Answers | Asked in Bankruptcy for New York on
Q: If I already consigned a partial debt payment in small claims 4 months ago, can I recover it now by filing a Ch 13?

I was the only debtor. By consigning I meant that the payment was already submitted to the court (4 months ago). The amount paid is still in small claims court (pending retrieval by the plaintiff) since the case has not finished yet since the extra costs and legal fees which remained to be... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 9, 2017

Are you indicating that, in whichever Florida county the small claims case was filed, the court holds the funds paid pursuant to a stipulated agreement in settlement of the small claims case? It's possible that your Chapter 13 plan so providing might be approved by the bankruptcy judge. But... View More

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2 Answers | Asked in Tax Law, Bankruptcy, Foreclosure and Real Estate Law for New York on
Q: House is a zombie property, bank discharged mortgage, how to buy from prior owners if they divorced, before tax auction?

I live in New York and a property near me has been vacant for many years, at least 6. I found the husband of the previous owners who has no contact with the EX wife and he said the bank ordered them to vacate and not return. The bank basically stonewalled me, but eventually told me they have no... View More

Michael David Siegel
Michael David Siegel
answered on Nov 1, 2017

Based on your post, the title owner is going to have to sign a deed. If title is in the name of the ex-wife alone, you are going to have to find her. Anyone can be found.

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1 Answer | Asked in Bankruptcy for New York on
Q: How much is it going to cost me to reopen a bankruptcy filed in 2003 to have to file a motion to vacate a mortgage lien

I filed in NY

Leonard R. Boyer
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answered on Oct 25, 2017

We are not allowed to quote prices for legal services, but I can tell you about as much as a Bankruptcy cost you.

2 Answers | Asked in Bankruptcy for New York on
Q: how do I get a lean release on a property that was filed under my bankruptcy back in 2003?

The bank has never taken over the property

Michael David Siegel
Michael David Siegel
answered on Oct 25, 2017

You have to make a motion to reopen your case, then make a motion to vacate the lien. Simple, but a necessary step.

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1 Answer | Asked in Bankruptcy for New York on
Q: Can I amend my schedules?
Michael David Siegel
Michael David Siegel
answered on Oct 23, 2017

Yes, but there is a fee for some of them.

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