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Jack Vilella and Associates, P.C.
New York City Bankruptcy Attorneys FREE CONSULTATION
Call (800) 731-1698
225 Broadway - Suite 2000,
New York, N.Y. 10007
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FAQ’s Category

Under the new bankruptcy laws do I have to wait until I have no money before I file for bankruptcy? (NY)

Thursday, December 10th, 2009

No, New York Bankruptcy Law sets forth a list of assets that are exempt from the satisfaction of most creditor claims and which, in most cases, a debtor is allowed to keep even after filing bankruptcy. It is rarely a good policy to wait until all assets are absolved before filing for bankruptcy, as assets that normally would be exempt would now be lost. It would be beneficial to consult an attorney to determine which assets would fall under the exemptions allotted under the new bankruptcy laws.

(Courtesy of Association of the Bar of the City of New York)

What Different Types of Bankruptcy Cases Should I Consider?

Friday, July 17th, 2009

There are four types of bankruptcy cases provided under the law:

  • Chapter 7 is known as “straight” bankruptcy or “liquidation.” It requires a debtor to give up property which exceeds certain limits called “exemptions,” so the property can be sold to pay creditors.
  • Chapter 11, known as “reorganization,” is used by businesses and a few individual debtors whose debts are very large.
  • Chapter 12 is reserved for family farmers and fishermen.
  • Chapter 13 is called “debt adjustment.” It requires a debtor to file a plan to pay debts (or parts of debts) from current income.

What CAN’T Bankruptcy do for me?

Friday, July 17th, 2009

Bankruptcy can not, however, cure every financial problem. Nor is it the right step for every individual. In bankruptcy, it is usually not possible to:

  • Eliminate certain rights of “secured” creditors. A “secured” creditor has taken a mortgage or other lien on property as collateral for the loan. Common examples are car loans and home mortgages. You can force secured creditors to take payments over time in the bankruptcy process and bankruptcy can eliminate your obligation to pay any additional money if your property is taken. Nevertheless, you generally can not keep the collateral unless you continue to pay the debt.
  • Discharge types of debts singled out by the bankruptcy law for special treatment, such as child support, alimony, certain other debts related to divorce, most student loans, court restitution orders, criminal fines, and some taxes.
  • Protect cosigners on your debts. When a relative or friend has co-signed a loan, and the consumer discharges the loan in bankruptcy, the cosigner may still have to repay all or part of the loan.
  • Discharge debts that arise after bankruptcy has been filed.

What Can Bankruptcy Do for Me?

Friday, July 17th, 2009

Bankruptcy may make it possible for you to:

  • Eliminate the legal obligation to pay most or all of your debts. This is called a “discharge” of debts. It is designed to give you a fresh financial start.
  • Stop foreclosure on your house or mobile home and allow you an opportunity to catch up on missed payments. (Bankruptcy does not, however, automatically eliminate mortgages and other liens on your property without payment.)
  • Prevent repossession of a car or other property, or force the creditor to return property even after it has been repossessed.
  • Stop wage garnishment, debt collection harassment, and similar creditor actions to collect a debt.
  • Restore or prevent termination of utility service.
  • Allow you to challenge the claims of creditors who have committed fraud or who are otherwise trying to collect more than you really owe.

What Is Bankruptcy?

Friday, July 17th, 2009

Bankruptcy is a legal proceeding in which a person who can not pay his or her bills can get a fresh financial start. The right to file for bankruptcy is provided by federal law, and all bankruptcy cases are handled in federal court. Filing bankruptcy immediately stops all of your creditors from seeking to collect debts from you, at least until your debts are sorted out according to the law.

Can I keep my house if I file for bancruptcy in NY State?

Friday, July 17th, 2009

Will anyone know I filed for bankruptcy?

Friday, July 17th, 2009

Will filing for bankruptcy hurt my credit?

Friday, July 17th, 2009

How Much Does a NY Bankruptcy Attourney Cost?

Friday, July 17th, 2009
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We are a Debt Relief Agency. We assist people to file for relief under the Bankruptcy Code. The information on this website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.
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