Maybe you’ve got a question about bankruptcy and want to get a general answer. You don’t want to come in for a consultation, but you’ve got something bouncing around in your head. No worries – just ask your question here and we’ll answer it right here on the site!
Disclaimer (because we’re lawyers, and that’s what we do): Do not ask case-specific questions – we won’t answer them without a real, live consultation. Don’t take any of our answers as legal advice – if you aren’t a client with a signed retainer then we’re not your lawyers. This entire site is for general information only, so if you think you’re getting a lawyer just by asking a question then you’re definitely in the wrong place. (Thank you for reading this disclaimer. We will all sleep better tonight.)
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Here are the previous questions that have been asked … read through them and maybe you’ll find the answer you’re looking for as well.
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Rating: +1
here is my question.i have three private student loans that is in default.i can not afford to pay them them. i have a co-signer but she can not pay them as well. i tried to work with the debt collector but they want me to pay the full amount and dont want to work out anything with me like a payment arragment. so im wondering if i file a chapter 13 would it consolidate my student loans into a lower monthly payments or is there nothing i can do?
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Rating: +1
Do you have to be legally separated to file chapter 7?
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I am currently working and cannot afford to pay my bills. My rent is $875 a month, I have to pay my own utilities, conedison and nationalgrid. My car is leased and I need it for work since my job is not bus accessible. My car payment is $353 and my insurance is $406. I work for $2004 after taxes a month.My husband recently lost his job and has had a hard time getting one back. I am currently on a credit counseling program which consolidated my credit card payments into one, but no longer can afford this since I wouldn't be able to pay my rent. My debt is $7001 with a low interest rate. My monthly payment for them is $254. I would like to keep my car, so please advise with the right decisions.Thank you.
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what happens to a debt that was incurred after initial filing but before discharge in a no asset distribution case. I am being chased for a 1200 coinsurance for a diagnostic procedure done in july of 08. my discharge is dated 8/22/2008. at the time of discharge I was totally unaware of debt because the Insurance claim was not processed and they had not even billed me for the balance.
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If I was going to file Chapter 13 in Erie County (Buffalo, NY) would it be in my best interest and most advantageous to hire an attorney who is also a trustee (in Niagara County) or would it be worse for me? Thank you.
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I am a client. My name is [NAME REMOVED]. I filed Chapter 13 in August. I currently pay $450/mo to the [NAME REMOVED], Chapter 13 trustee. My life circumstances have changed and I am out on disability. My income has reduced. Can I reduce or eliminate my monthly payments?
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Our bankrupcy is cleared from our credit history after 10 years.When we apply for a new credit card now,they will ask if we have aver declared bankrupcy.We must say yes,so how is it cleared?
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I am a NY resident married. I own a car worth about $5200 based on kbb and I am the only one on the title. I am thinking about filing chapter 7 bankruptcy and not my wife. My total assets other than car which are only clothes and cash are less than $300. Will I be able to keep my car or will I have to give it up.
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I live in New Jersey and work in New York City, and am considering Chapter 7. Should I hire a bankruptcy attorney in New Jersey? Or are you adept at filing bankruptcy in New Jersey as well?
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(1) Whether a New York judgment lien be discharged in bankruptcy. (2) If it is not discharged in bankruptcy, then would a judgment lien be considered secured or unsecured?
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I went bankrupt in NYC in 2004. I was hit hard by both illness and the economy in 2008 and am now I am broke again with $23000 in credit card debt. is it possible to do another bankruptcy?
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Rating: -1
How many garnishments can come out of your paycheck at one time and would I lose my home I'm thinking about filing for bankruptcy
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Should I consider bankruptcy? I incurred all of my debt in 2009 paying for a home renovation. I cashed in my 401k and ran up credit card debt paying for the project. I am barely meeting all bills when I realized that I will have a big tax bill as a result of the money I withdrew from my 401k. All total my debt is more than $100,000. My income, from social security and pension, is $3,000/month before taxes. I am married but file taxes and pay bills separate from my husband. He will not be part of the bankruptcy.
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living in a condominium with no mortgage. What is the law in NY to own primary real estate when filling for bankruptcy.
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I am interested in filing bankruptcy with discharging of Student loans under the brunner law....I am 57 years of age have large student loan debt as well as medical.... i have returned to work but am not suree how much longer I will be able to mange student loan is over 17000
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Rating: +0
I lost my job in December 2008 as an attorney at a large New York law firm when the firm dissolved. I was not able to find a job until September 2009, but it pays a lot less than what I used to earn making it very difficult to pay my debts, which I easily paid before I lost my job. My car has been since repossessed and I have not been able to pay a single credit card bill since I lost my job. Although it pains me, I am considering bankruptcy because I am unable to pay my credit card debts, deficiency on the car and my student loans (around $250,000 for the student loans alone). I understand that I am still responsible for the student loans, but would love to have a clean slate with the other debts. I own no assets except for some clothes, furniture, books and a 2004 mac computer. Although I have a job, it is on a contract basis and I'm looking for a permanent position. Given that I am an attorney and that I am looking for a job in the finance sector, does it make sense for me to file for bankruptcy? In other words, will filing for bankruptcy prevent me from gaining the employment that I want? Thank you for your time.
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What if your vehicle is worth less now than what you still owe? How do you calculate the exemption in a case such as that?
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I have a car that i used as a for hire vehicle worth $ 3100 and exemption is $2400. Will the trustee sell my car
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Hi, I have previously filed for Chapter 13 in Washington, DC and it was discharged because I couldn't make the payments. Now, two years later, I live in Brooklyn and still have debts. I have just found out I am losing my job on July 7th 2010 and will not have income. To make a fresh start, can I file for Chapter 7? My only income will be unemployment benefits. Thanks, Ron Jenkins
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If you have previously filed for Chapter 7 Bankruptcy and the 8 years haven't passed for filing....what would constitute and exception for filing again before 8 years is up? Ex. decrease in income of greater 15,000 and birth of a child.
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My brother is currently incarcerated. I am his Power of Attorney. He was basically homeless 30 days before he was arrested. His debts are pilling up. He will be out in about a year. Is there any way I can start bankruptcy proceedings on his behalf?
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I have a question. I have researched this on a few websites and some say yes and some say no. I heard in the hispanic radio that it is possible to do, but I want to make sure. Is it possible for me and my wife to file bankruptcy being 'illegal' or not having papers. Of course you must know we have a SS#, you should understand. But we don't have Driver's License or also in this case "Social Security Card" and I would like to know if it is possible, I heard it is. I mean I know we can fill out all the paperwork but at the time of the court date can we go through it? Thanks a lot.
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I have substantial IRS debt that I'm currently working with a tax attorney to establish an IPA to repay. I have a well paying job. I also have large unsecured debts. I understand that the IRS disregards unsecured debt when determining my ability to make payments. I had anticipated that the unsecured creditors would go unpaid, and would eventually charge the debt off. I have no assets that I'd need to protect through bankruptcy -- no mortgage, no non-exempt saving, no car loan, etc. I really don't want to have a bankruptcy in my history -- I work in the securities industry, and it could present difficulties, beyond any impact on my credit report / score. However, I have recently discovered that unsecured creditors are much more aggressive in the face of non-payment than they used to be, and may sue, gain a judgment, and garnish my wages. I suspect that I will be forced to file for bankruptcy. I'm wondering if I should finish negotiating the IPA, or just bite the bullet and declare bankruptcy. There are significant legal fees that I might avoid if I abandon the current IPA negotiations and move directly to bankruptcy. However, if I can successfully avoid bankruptcy, that would be a very good thing. Your thoughts?
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If I file for chapter 7 and my car loan is discharged through the bankruptcy, do I have the right to sell the car after the discharge considering the discharge occurs before the creditor can perfect the lein against the car to protect their interest.
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If your hearing is postponed will you see the same trustee on the next appearance?
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I need to file for homestead. The mortgage is is my father's name and Iam not on it at all. He did quit claim deed it to me years ago. The mortgage is in review for a second attempt at a modification. My father passed in March of this year. I want to assume, or transfer the mortgage, and declare homestead to keep my family in the home. Any suggestions?
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What is minimum amount of money I'll need to get the process started?
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IF I OWE A NURSING HOME JUDGMENT CAN I FILE BANKRUPTCY?
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I am a co owner of insurance brokerage company(NYS Corp); my partner who holds 50% ownership of it is about to file Chapter 7. Will it cause any damages to the corporation? What are the options that I can take?
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i filed bankruptcy in 2001 and its been cleared. i got married in 2006 and currently seperated. can i claim bankruptcy without it affecting my current husband. i am not working and depend on his support for our children. i also have several student loand that are in deferment. what can i do?
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If my total secure debts because of mortgages are over the limit, can i still file Chapter 13 and not include my mortgages, but include other secured debt like car loans and unsecured debt like utilities and credit cards.
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Hey, I'm from New York and I've been researching chapter 7 bankruptcy for about a month now due to wanting to file chapter 7 bankruptcy. If I filed a petition in early January 2011 and filed my 2010 tax return mid/late January 2011, can I keep my full tax return if I get the return back before I have a meeting with the Trustee? I really need that tax money this year. So before I utilize your services, may you answer my inquiry.
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Motion To Modify Chapter 13 Plan Post-Confirmation To Account For Proper Tax Debts
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If you are behind on your mortgage payments, how does chapter 7 help? Or is the only way to save your home through Chapter 13? What if there is a second mortgage?
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Filing For Bankruptcy From Outside Of the United States
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I do not have any paystubs and im self employed. Can i file for bankruptcy? If so, what do i need to show my income and that im in a deficit?
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Rating: +2
I am surrendering my condo in my Chapter 7 bankruptcy filing. Although, I had stopped paying the mortgage I still pay the Association Fee. The condo has a new assessment and my share of the assessment is almost $3,000.00. I am currently on unemployment income and can barely meet my expenses. If I don't pay this assessment can the condo come after me for the money? My two reasons for not wanting to pay this assessment is that I can't afford it and I am surrendering the condo. My second question is, if I stop paying the Association fee, can the condo come after me later to demand the money? My third question is, since I am surrendering the condo in bankruptcy, how much time do I have before I would be required to move out?
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Can payday loans in new York state be added to bankruptcy.


