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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. It is very important that a bankruptcy case be filed and handled correctly. The rules are very technical, …
Aug 28, 2019 · In order to file your Chapter 7 bankruptcy in New York, you’ll need to collect some personal and financial documents. These documents include pay stubs, bank statements, and tax returns. You should collect your last 60 days’ worth of pay stubs, your last six months’ worth of bank statements and your most recent tax return.
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.
If you don't have the money to pay your bills, you may be wondering how you can afford to hire a bankruptcy attorney to help you file bankruptcy. The good news is, you don't have to hire an attorney. You can file your case on your own.Feb 15, 2022
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.Dec 12, 2021
Debts dischargeable in a chapter 13, but not in chapter 7, include debts for willful and malicious injury to property, debts incurred to pay non-dischargeable tax obligations, and debts arising from property settlements in divorce or separation proceedings.
Once filed, a Chapter 7 bankruptcy typically takes about 4 - 6 months to complete. The bankruptcy discharge is granted 3 - 4 months after filing in most cases. Written by Attorney Andrea Wimmer.Oct 1, 2021
If you're experiencing severe debt problems, filing for bankruptcy can be a powerful remedy. It stops most lawsuits, wage garnishments, and other collection activities. It also eliminates many types of debt, including credit card balances, medical bills, personal loans, and more.
If you kept your house throughout the bankruptcy process, you are free to keep your home after the bankruptcy – as long as you continue to pay the mortgage. It may be that after you are free of all the rest of your debt you will be able to afford the mortgage payments easily. If so, you'll be able to keep your house.May 19, 2021
In most Chapter 7 bankruptcy cases, nothing happens to the filer's bank account. As long as the money in your account is protected by an exemption, your bankruptcy filing won't affect it.Feb 6, 2021
seven yearsA Chapter 7 bankruptcy can stay on your credit report for up to 10 years from the date the bankruptcy was filed, while a Chapter 13 bankruptcy will fall off your report seven years after the filing date. After the allotted seven or 10 years, the bankruptcy will automatically fall off your credit report.May 18, 2021
Keeping the cash you've deposited in a bank account isn't easy to do in bankruptcy. Any cash or money you have in the bank on the day you file for bankruptcy becomes property of the bankruptcy estate, and keeping it will depend primarily on your state's exemption laws.
If you are using the New York State exemptions the amount of cash you can exempt is $2,500 unless you own a home and plan on using the New York Homestead exemption. If you are using the Homestead exemption which can protect up to $150,000 in home equity in New York City then you may only exempt $2,500 in cash.
As soon as you file your Chapter 7 bankruptcy, you are given a case number and a bankruptcy trustee is assigned to your case. The bankruptcy trustee will oversee your bankruptcy filing, will review your bankruptcy forms, and may ask for additional documents to verify your information.Oct 1, 2021
If you file a Chapter 7 bankruptcy petition and it is a “no asset” case, your spending after filing should reflect what you stated on your schedules. If either your income or your expenses change considerably while still in Chapter 7, again, you should consult with your attorney.Jul 27, 2019
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.
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.
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 ...
The United States Bankruptcy Court for the Southern District of New York handles all bankruptcies in Manhattan and New York County. The Court is located at One Bowling Green in Manhattan, in the Alexander Hamilton Customs House. The courthouse is open to the public from 8:30 a.m. to 5:00 p.m. and an unexpired, government issued identification is required to enter the building. The George Gustav Heye Center of the National Museum of the American Indian is also located in the Alexander Hamilton Customs House, which was built as an official residence for the President of the United States but was never occupied. The Bankruptcy Court is found at the entrance to the left of the Grand Staircase. You must bring one signed copy of your New York City bankruptcy petition, your filing fee, request to pay it in installments or request for a fee waiver, and your certificate of credit counseling. A checklist of the items which should be included in your New York bankruptcy case is available on the Court’s website. The Alexander Hamilton Custom House is directly in front of the entrance to the Bowling Green Station of the No. 4 and 5 trains of the New York City Subway.
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.
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.
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.
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.
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.
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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.
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.
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.