how to file bankruptcy without a lawyer in new york

How can I file for Bankruptcy without a lawyer?

• 1. Make sure Bankruptcy is the best solution for you. It is important that you are positive that you pass the means test before you file. The means ...
• 2. Determine the type of Bankruptcy that you qualify for. Chapter 7 Bankruptcy, aka Liquidation Bankruptcy, is where your non-exempt assets (often ...
• 3. Determine your assets. This can be a somewhat tedious process, but it is one of the most important. Gather all of your records, including any ...
• 4. Determine what your exemptions are. If you are a New York resident one good place to start is this page on my web site, http://midtownbankruptcy.

Full Answer

Can you file for bankruptcy without hiring an attorney?

You are not required to hire an attorney to represent you in a bankruptcy case. You can file on your own with or without guidance, but we suggest that you educate yourself first to determine whether filing pro se is the best option for you.

How do you file a lawsuit without an attorney?

• You also can send in your documents and file your initial papers by email. ...
• You'll have to pay a filing fee of $400 to initiate your lawsuit in federal court.
• If you can't afford the filing fee, you can file a form asking the court to waive the fees in your case. ...

Can you file for expungement without a lawyer?

Yes you absolutely can get a conviction expunged without having an attorney. In fact, you can do any legal procedure on behalf of yourself (pro se) without having an attorney. Of course, most legal procedures go smoother with the aid of an attorney.

How to file an injunction without a lawyer?

Steps to File an Injunction Without a Lawyer

• PETITION DRAFTING. A petition for an injunction may vary depending on the nature of the case as well as the state where you are residing or filling it.
• SERVICING AND FILING. The following are the requirements for filing the petition for an injunction. ...
• EMERGENCY INJUNCTIONS. ...

How do I file bankruptcy in NY without a lawyer?

Collect Your New York Bankruptcy Documents. ... Take Credit Counseling. ... Complete the Bankruptcy Forms. ... Get Your Filing Fee. ... Prepare to Submit Your Bankruptcy Forms. ... File Your Forms With the New York Bankruptcy Court. ... Mail Documents to Your Trustee. ... Take a Debtor Education Course.More items...•

What happens when you declare bankruptcy in NY?

The court will appoint a “bankruptcy trustee” to oversee your bankruptcy case. The trustee will first look at all the paperwork you filed to make sure everything is complete and in order. The trustee will then look for nonexempt property that can be sold to pay your creditors.

Do you get out of all debts if you declare bankruptcy?

Bankruptcy Can Wipe Out Credit Card Debt and Most Other Nonpriority Unsecured Debts. Bankruptcy is very good at erasing most nonpriority unsecured debts other than school loans. For instance, you can discharge unsecured credit card debt, medical bills, overdue utility payments, personal loans, gym contracts, and more.

Can a normal person file bankruptcy?

Bankruptcy is filed in an individual capacity without including the spouse, but first, you will have to hire a lawyer to help prepare the petition.

What is 2 disadvantages of filing bankruptcy?

Disadvantages of Bankruptcy: A bankruptcy may impede your chances of getting a mortgage or car loan for some time. Not all debt will be discharged. Examples of debt that cannot be discharged include child support, alimony, some student loans, divorce settlements and some income taxes.

What do you lose if you declare bankruptcy?

Filing Chapter 7 bankruptcy wipes out most types of debt, including credit card debt, medical bills, and personal loans. Your obligation to pay these types of unsecured debt is eliminated when the bankruptcy court grants you a bankruptcy discharge.

What debt is not covered by bankruptcy?

Other Non-Dischargeable Debts in Bankruptcy 401k loans. Other government debt such as fines and penalties. Restitution for criminal acts. Debt arising from fraud or false pretenses.

Which of the following is not forgiven under a bankruptcy?

Some examples of debts that are not forgiven by Chapter 7 bankruptcy include the following: Student loans. Child support or alimony payments. The majority of taxes you owe.

What are 5 types of debt that are not dischargeable in bankruptcy?

Nondischargeable debt is a type of debt that cannot be eliminated through a bankruptcy proceeding. Such debts include, but are not limited to, student loans; most federal, state, and local taxes; money borrowed on a credit card to pay those taxes; and child support and alimony.

How much do you have to be in debt to file Chapter 7?

Again, there's no minimum or maximum amount of unsecured debt required to file Chapter 7 bankruptcy. In fact, your amount of debt doesn't affect your eligibility at all. You can file as long as you pass the means test. One thing that does matter is when you incurred your unsecured debt.

What are the negative effects of personal bankruptcy?

Bankruptcies are considered negative information on your credit report, and can affect how future lenders view you. Seeing a bankruptcy on your credit file may prompt creditors to decline extending you credit or to offer you higher interest rates and less favorable terms if they do decide to give you credit.

When should I file bankruptcies?

If you have large debts that you can't repay, are behind in your mortgage payments and in danger of foreclosure, are being harassed by bill collectors—or all of the above—declaring bankruptcy might be your answer.

What are pro se litigants?

Pro se litigants, whether debtor or creditor, are expected to follow the rules that govern procedures in the federal courts. Pro se litigants should be familiar with the United States Bankruptcy Code. (link is external) , the Federal Rules of Bankruptcy Procedure, and the local rules of the court in which the case is filed.

What happens if you don't list your debts in bankruptcy?

Debtors must list all property and debts in their bankruptcy schedules. If a debt is not listed, it is possible the debt will not be discharged.

Can you file bankruptcy without an attorney?

While individuals can file a bankruptcy case without an attorney or "pro se," it is extremely difficult to do it successfully. It is very important that a bankruptcy case be filed and handled correctly. The rules are very technical, and a misstep may affect a debtor's rights. For example, a debtor whose case is dismissed for failure ...

Is the BNC a court?

The BNC, which is operated by a private contractor, provides notice production and mailing services for the court, but THE BNC IS NOT THE COURT. DO NOT SEND DOCUMENTS TO THE BNC. Documents related to a bankruptcy case or proceeding should be sent directly to the court.

Can a debtor lose a credit counseling certificate?

For example, a debtor whose case is dismissed for failure to file a required document, such as a credit counseling certificate, may lose the right to file another case or lose protections in a later case, including the benefit of the automatic stay.

Do corporations have to have an attorney to file for bankruptcy?

From the United States Courts website ( www.uscourts.gov ): Corporations and partnerships must have an attorney to file a bankruptcy case. Individuals, however, may represent themselves in bankruptcy court. While individuals can file a bankruptcy case without an attorney or "pro se," it is extremely difficult to do it successfully.

Can an attorney help with bankruptcy?

Only an attorney is authorized to give legal advice regarding a bankruptcy case or proceeding. If playback doesn't begin shortly, try restarting your device. Videos you watch may be added to the TV's watch history and influence TV recommendations.

Do corporations have to file for bankruptcy?

Corporations and partnerships must have an attorney to file a bankruptcy case. While individuals may appear “pro se” (without an attorney) in the bankruptcy court, it is recommended that you obtain the legal services of a bankruptcy attorney.

What is Upsolve for bankruptcy?

Upsolve is a nonprofit tool that helps you file bankruptcy for free. Think TurboTax for bankruptcy. Get free education, customer support, and community. Featured in Forbes 4x and funded by institutions like Harvard University so we'll never ask you for a credit card. Explore our free tool

How many pages are needed for bankruptcy in New York?

When completed, the forms for your Chapter 7 bankruptcy in New York City will consist of between 60 and 100 pages. You will need to print at least two copies of your New York City bankruptcy forms. You will sign one copy and file it with the Bankruptcy Court and keep the other copy for yourself. When you print your New York bankruptcy, you should only print on one side of each page. If you don’t have a home printer, or your printer is not capable of printing that many pages without difficulty, Upsolve suggests that you print the forms for your New York City bankruptcy at your local library. The New York Public Library offers black and white printing for $0.20 per page. The Mid-Manhattan Library is located at 476 Fifth Avenue (42nd Street Entrance) in Midtown Manhattan, just a 6 minute walk from the Grand Central and 42nd Street subway station. It’s open from 8:00 a.m. to 8:00 p.m., Monday and Thursday, 8:00 a.m. to 9:00 p.m., Tuesday and Wednesday, 8:00 a.m. to 6:00 p.m. on Friday, and 10:00 a.m. to 6:00 p.m. on Saturday. It’s closed on Sundays.

What are the exemptions for bankruptcy in New York?

Exemptions are laws that allow you to protect certain property from being sold to pay creditors. Any property you can’t protect by claiming an exemption, is considered unprotected or non-exempt property and may be sold by the Trustee. In 96% of Chapter 7 bankruptcies individuals are able to exempt and keep all of their property. And, New York bankruptcy exemptions are more generous than most. For example, if you live in Kings, Queens, New York, Bronx, Richmond, Nassau, Suffolk, Rockland, Westchester and, Putnam counties you can exempt up to $170,825 of equity in your primary residence if you elect to use New York bankruptcy exemptions. Federal bankruptcy exemptions, on the other hand, only allow you to exempt $25,150 of equity in your home. Exemptions vary from state to state and in New York the homestead exemption varies from county to county. However, if you choose to use New York bankruptcy exemptions, you must use all of them. You can’t mix and match.

What happens if you file Chapter 7 bankruptcy?

And only 8 percent of Manhattanites drive to work! Of course, you may still “own” a car or motor vehicle even if you don’t drive it to work. If so, and you are still paying on your car, you’ll have to decide whether to keep the car or surrender it to the lender. Surrendering your car as part of a New York bankruptcy, might be a godsend if you have been wanting to get out of making car payments on a car you don’t drive anymore. If you do elect to keep the car, you must either “reaffirm” the loan by entering into a reaffirmation agreement with your lender. Or “redeem” the car by paying its market value to your lender. By redeeming the car, you get clear title to the vehicle and the balance of the loan is discharged. A reaffirmation agreement on the other hand, obligates you to continue making your car payments to your lender even after your New York bankruptcy is concluded. In exchange, your lender agrees not to take the car back as a result of you filing for bankruptcy. All reaffirmation agreements entered into without an attorney certifying that it’s in the debtor’s best interest, must be approved by the Court. This is to make sure ensure that you have sufficient income to make your car payments when your bankruptcy is concluded and that you are entering into the agreement voluntarily. Additional requirements for obtaining approval of a reaffirmation agreement in the Southern District of New York are detailed on the Court’s website.

How much does a Metrocard cost in New York?

Currently, a 30-day New York City MetroCard costs $127. The Bankruptcy Court charges a little more than twice that for you to file a Chapter 7 bankruptcy in New York. There is a $338 filing fee required of everyone who files a Chapter 7 bankruptcy in New York.

What counties can you use the bankruptcy exemption in New York?

For example, if you live in Kings, Queens, New York, Bronx, Richmond, Nassau, Suffolk, Rockland, Westchester and, Putnam counties you can exempt up to $170,825 of equity in your primary residence if you elect to use New York bankruptcy exemptions.

How long does it take to get out of Chapter 7 bankruptcy?

Of the two, however, Chapter 7 is by far the most popular. Unlike a Chapter 13, you are not required to make any payments when you file a Chapter 7 bankruptcy in New York. And, instead of three to five years, your debts can be discharged and eliminated in as little as ninety days.

How does bankruptcy work in New York?

The bankruptcy process falls under federal law, not New York state law, and it works by unwinding the contracts between you and your creditors —that's what gives you a fresh start.

How long does it take for creditors to stop bothering you after filing for bankruptcy?

After Filing for Bankruptcy in New York. Your creditors will stop bothering you soon after you file. It takes a few days because the court mails your creditors the notice of the "automatic stay" order that prevents most creditors from continuing to ask you to pay them. Here's what will happen next:

What happens if a bankruptcy exemption doesn't cover a property?

When a bankruptcy exemption doesn't cover the property, you'll either lose it in Chapter 7 or have to pay for it in the Chapter 13 repayment plan. Choosing state or federal exemptions. Unlike most states, New York allows you to choose between the state exemption list and the list of federal bankruptcy exemptions.

What is the NY wildcard exemption?

The New York wildcard exemption allows you to protect any personal property of your choice (not real estate) or cash up to a value of $1,175. This exemption is available only if you don't use the homestead exemption. (NYCPLR §§ 5205 (a) (9).)

How long does it take for creditors to stop bothering you?

Your creditors will stop bothering you soon after you file. It takes a few days because the court mails your creditors the notice of the "automatic stay" order that prevents most creditors from continuing to ask you to pay them. Here's what will happen next:

How many judicial districts are there in New York?

The state of New York has three federal judicial districts—the Northern, Eastern, and Southern Districts of New York. Each district has a bankruptcy court with several divisions. To determine which division has jurisdiction over your case, use the Federal Court Finder page.

Who will review your exemptions?

Exempt your property carefully. The " bankruptcy trustee "—the court-appointed official assigned to manage your case—will review the exemptions. A trustee who disagrees with your exemptions will likely try to resolve the issue informally. If unsuccessful, the trustee will file an objection with the bankruptcy court, and the judge will decide whether you can keep the property.

What is a non-attorney petition preparer?

Non-attorney Petition Preparers. If you file bankruptcy pro se, you may be offered services by non-attorney petition preparers. By law, preparers can only enter information into forms. They are prohibited from providing legal advice, explaining answers to legal questions, or assisting you in bankruptcy court.

How to help a bankruptcy lawyer?

The following is a list of ways your lawyer can help you with your case. Advise you on whether to file a bankruptcy petition. Advise you under which chapter to file. Advise you on whether your debts can be discharged. Advise you on whether or not you will be able to keep your home, car, or other property after you file.

What do petition preparers do?

A petition preparer must sign all documents they prepare for you; print their name, address and social security on the documents; and provide you with a copy of all documents. They cannot sign documents on your behalf or receive payment for court fees.

Can I file for bankruptcy without an attorney?

Individuals can file bankruptcy without an attorney, which is called filing pro se. However, seeking the advice of a qualified attorney is strongly recommended because bankruptcy has long-term financial and legal outcomes. Filing personal bankruptcy under Chapter 7 or Chapter 13 takes careful preparation and understanding of legal issues.

Can you file bankruptcy under Chapter 7?

Filing personal bankruptcy under Chapter 7 or Chapter 13 takes careful preparation and understanding of legal issues. Misunderstandings of the law or making mistakes in the process can affect your rights. Court employees and bankruptcy judges are prohibited by law from offering legal advice.

What do you need to pay for bankruptcy?

In general, you need to at least pay a filing fee and the credit counseling and financial management course fees to finalize your bankruptcy petition. But if you have no money, you can ask for a fee waiver (in Chapter 7 cases) or ask the bankruptcy judge to roll the payment in your repayment plan (in Chapter 13 cases).

How do I file for bankruptcy?

The bankruptcy process may be simple enough to handle on your own if the following are met: 1 You own few assets 2 Your household income is below your state's median 3 You haven't been accused of fraud

How long do you have to take a post filing course?

Finally, you must complete a post-filing Personal Financial Management Instruction Course within 45 days of your meeting of creditors. Take a look at the U.S. Trustee Program's site to find an approved course near you. After you've completed the course, the last step is to wait to hear from the bankruptcy court whether your debts have been discharged.

Why do I need to get credit reports from all three credit bureaus?

You'll need all three reports because creditors don't typically report to every bureau. If you fail to report a debt, it won't be discharged in bankruptcy.

Can I file for bankruptcy without a lawyer?

Yes, you can legally file for bankruptcy without a lawyer. But should you? Every year, thousands of Americans find themselves too broke to pay off their debts, yet unable to afford bankruptcy. It probably comes as no surprise that attorneys' fees make up the lion's share of bankruptcy expenses.

Do you have to fill out paperwork for bankruptcy?

Even though your case is relatively uncomplicated, a bankruptcy case requires you to fill out extensive paperwork and have a good knowledge of the Bankruptcy Code. Thus, it may be in your best interest to at least have an initial consultation with an attorney to make sure you are on the right course.

Do creditors have to be present at a meeting of creditors?

You'll have to attend your “ Meeting of Creditors " on the scheduled date. Although your creditors won't actually be present , the trustee will be and will ask you a number of standard questions about your case. Be sure to answer truthfully and accurately.