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 […]
Who does not need to complete the means test for Bankruptcy in NYC?
In New York City and the entire United States for that matter all debtors are required to complete the “Statement of Current monthly income and means-test calculation” form. However, disabled veterans and non-consumer debtors are not required to complete the entire means test form. Instead they check a box in part 1 of the statement […]
Are Domestic Support Obligations discharged in Bankruptcy?
The general answer to this question is no. In both Chapter 7 and 13 Bankruptcy cases courts have ruled that domestic support obligations must still be paid. However there is an exception. If the obligation has been assigned to someone other than a governmental unit then it can still be discharged. Similarly, if there was […]
If a Creditor is not listed on a Bankruptcy Petition is the debt still dischargeable?
For the most part if a debt is not listed on the schedules then the debt is non-dischargeable. However, if the creditor receives actual notice of the filing then the debt may still be dischargeable. A Creditor has 90 days from the first meeting of creditors to object to the dischargeability of a debt, so […]
New York City Bankruptcy Attorney–Erase Debt Now!!
New York City Bankruptcy Attorney Many people are under the false impression that Bankruptcy is a scary process that should be avoided at all costs. However, with the failing economy and higher amounts of debt that individuals are holding it might be the smartest thing you can do. Often people wait until it is too […]
Manhattan Bankruptcy Attorney / Need Debt Relief?
Hello my name is William Waldner and my office is located in Midtown Manhattan. We offer free in-depth consultations and are conveniently located 1 block north of Macy’s on 7th avenue. You may be able to get rid of all of your debts and get a fresh start through bankruptcy. To find out more please […]
Objecting to a Bankruptcy Discharge
There are several different grounds to object to a bankruptcy discharge such as, Destruction, Transfer or concealment of property, the debtor is not an individual (corporations cannot get a discharge), any unjustified failure to keep financial books or records, Dishonesty in connection with the case, Refusal to obey a court order and a prior discharge […]