The Bankruptcy Means Test in New York: How It Works and How to Pass

If you want to file Chapter 7 bankruptcy in New York, you have to pass the means test. It is a formula, not a judgment call, and it exists to stop people who can genuinely afford to repay their creditors from wiping the debt out entirely. Fail it and Chapter 7 closes to you — […]

Pros and Cons of Filing Bankruptcy in New York

Balance scale representing the pros and cons of filing bankruptcy in New York

By William Waldner, Esq. If you are carrying debt you see no realistic way to repay, bankruptcy is one of the tools the law gives you to reset and move forward. It is not the right answer for everyone, and it is not the catastrophe many people fear either. The honest way to decide is […]

The Chapter 7 Bankruptcy Timeline in NYC

Calendar and clock representing the Chapter 7 bankruptcy timeline in NYC

By William Waldner, Esq. Most Chapter 7 bankruptcies in New York City move quickly—many people receive their discharge within three to six months of filing. Still, every case follows a sequence of deadlines, lookback windows, and restrictions worth understanding before you file. Here is the Chapter 7 timeline in NYC, step by step. Before You […]

Can I get out of credit card debt in a New York bankruptcy?

Can I get out of credit card debt in a New York bankruptcy? Bad credit card debt is the most common problem facing most consumers considering bankruptcy today.  The good news is that in almost all cases your unmanageable credit card debt can be eliminated or extremely reduced in both Chapter 7 and Chapter 13 […]

Think Twice Before Using a Bankruptcy Petition Preparer

If Your Debts Are No Longer Manageable, Hire a Bankruptcy Lawyer, Not a Petition Preparer If you live in New York City and you are considering using a Paralegal or Bankruptcy Petition Preparer use caution.  First of all, do not give any such preparer a consulting fee.  Often these paralegals will take the fee and […]

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. […]