How do I know Whether to File for Bankruptcy in The SDNY or EDNY if I live in New York City?
If you live in New York City and need to file for Bankruptcy in the Southern District of New York (SDNY) or the Eastern District of New York (EDNY) here is a list of where you should file: SDNY: New York (Manhattan), Bronx, Westchester, Putnam, Rockland, Orange, Dutchess and Sullivan Counties. The SDNY has courthouses […]
Can I Keep My Car if I File for Bankruptcy in New York?
If you file for Bankruptcy in New York there are several options for you to keep your car. Much of this depends on whether you file for a Chapter 7 or Chapter 13 Bankruptcy. If you file for a Chapter 7 (Liquidation) and you have less than $4,000 in equity (equity= value of the car […]
Are Drunk Driving Debts Dischargeable in Bankruptcy in New York?
If you have debts resulting from a drunk driving accident and are considering filing for bankruptcy this is an important factor to consider. The answer is no. Debts for personal injury or death as the result of a drunk driving debt are non-dischargeable and will not be wiped out in Bankruptcy. Similarly, if the operator […]
Will my dependent children be listed on my New York Bankruptcy Petition?
No! The Bankruptcy code prohibits full names of minors who are not a party to the Bankruptcy to be listed. However, if you are filing for Bankruptcy relief in New York the first and last initials of any such minors should be listed in your petition. If you are considering filing for bankruptcy you should […]
What tax returns need to be given to the Trustee in a New York Bankruptcy Case?
The general rule regarding tax returns is that the most recent tax federal return that was filed with the IRS needs to be submitted to the US Trustees office and the Bankruptcy Trustee after filing a Chapter 7 or Chapter 13 Bankruptcy case. In New York City most trustees require the last 2 years of […]
Who May reopen a chapter 7 Bankruptcy case in Manhattan?
In New York City once a Bankruptcy case has been discharged a debtor or any party in interest may reopen the case. For instance, if Dell computers never received actual notice of a Chapter 7 filing and there were assets distributed he can have the case reopened to contest the discharge or seek monetary damages. […]
Will I have to go to court in a Chapter 7 Bankruptcy Case in New York?
In New York City when a chapter 7 case is filed a Trustee and a judge is assigned to the case. The Trustee’s duty is to administrate the case so that there is less of a burden placed on the court system. The judicial system is only used in Consumer Bankruptcy cases to resolve disputes […]
Can I keep my car in a New York Bankruptcy case?
In New York debtors are allowed to keep 1 car in a chapter 7 Bankruptcy and an unlimited number of cars in a chapter 13 Bankruptcy. Here is how it works. You are allowed to keep up to $4,000 in equity in a vehicle ($10,000 if it is a handicapped vehicle). So if your car […]
Are Student Loans Dischargeable In New York Bankruptcy Cases?
In New York City Attorneys typically do have many options regarding dissolving student loans. In order to discharge student loans through bankruptcy a hardship must be shown. A totality of the circumstances test must be met. For instance, if a debtor incurred debts for a college that was not accredited and therefore cannot gain from […]
What does abandonment mean in Bankruptcy?
In a New York City Chapter 7 Bankruptcy Case there are several events which take place before a debtor receives a discharge. First a petition is filed and a 341 meeting of creditors is held. At this meeting the Trustee will review all of the assets and liabilities of the estate and decide whether there […]