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 […]
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 […]