How Can You File For Bankruptcy In New York If You Cant
Mar 5, 2018 Chapter 7 bankruptcy is the most common type of personal is they want to file bankruptcy but lack money to hire a bankruptcy attorney.
Jul 18, 2021 A number of South Florida bankruptcy law firms are offering clients The lawyers can file the case without getting paid in full up front
New York City Bankruptcy Lawyers
If you are interested in learning more about filing bankruptcy in New York, call ourbrooklyn lawyers to learn your options. Where applicable, Bankruptcy could be a relatively quick and affordable way to discharge a large amount of unsecured debts, such as credit cards and medical debts.
We assist with filing chapter 7 bankruptcy in the Eastern and Southern Districts of New York, which include, in part, the 5 boroughs of NYC, including:
What To Do After Chapter 7 Bankruptcy
Push the re-start button on your financial life.
Thats the first thing anyone should do after having debts discharged in Chapter 7 bankruptcy. Hopefully, that re-start button includes a plan for reduced spending and paying all bills on time.
The easiest way to do that is to draw up a budget that realistically accounts for your income and expenses.
If youre not good at that, call a nonprofit credit counseling agency and get some free assistance from their professional certified counselors. Helping consumers come up with an affordable monthly budget is their specialty.
They can give you the benefit of their training and experience at drawing up monthly budgets, plus tips on how to make the bottom line come out in your favor every month.
If you get in the habit of paying bills on time, you will begin to , and youll regain favor with lenders and credit card companies. A few years of good practice and you and your creditors will forget this ever happened.
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New York Legal Aid Organizations
If hiring a lawyer to help you with your Chapter 7 bankruptcy in New York is simply not something you can afford, you can seek assistance from one of the organizations offering free legal aid in New York. Since the law only entitles people dealing with a criminal matter to free legal representation, New York legal aid organizations assist low-income New Yorkers with a variety of civil matters, including New York bankruptcy matters.
When You Might Not Need A Bankruptcy Attorney
If you have a simple Chapter 7, you will have a better chance of completing your case without a bankruptcy lawyer. The hallmarks of a simple Chapter 7 would include a:
- household income below your state’s median income level
- little or no property
- no recent property transfers or payments to preferred creditors , and
- your creditors aren’t likely to dispute a debt.
But keep in mind that even filing a simple Chapter 7 bankruptcy requires a fair amount of time and research on your part. If you want to complete your case, obtain a discharge, and not put any of your property at risk, you have to:
- accurately fill out several bankruptcy forms and schedules
- learn how bankruptcy laws work
- research your state’s exemptions, and
- follow all the rules and procedures necessary to complete the bankruptcy process.
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New York Bankruptcy Lawyer Cost
Hiring a New York bankruptcy lawyer will likely cost you somewhere between $965 and $1,550, which is higher than the national average. Keep in mind, however, if youâre having a hard time lining up the assets in your Chapter 7 bankruptcy in New York with the exemptions available to you, the cost of a bankruptcy lawyer may be a good investment to protect as much of your property as the New York bankruptcy laws allow.
Estimate Whether You Will Qualify For Chapter 7 Bankruptcy In New York
As stated above, you often have to qualify to file Chapter 7 bankruptcy. Qualification is based on US means testing. The means testing is based on the household income and size of the household for New York.
Bankruptcy Means Test In New York
The bankruptcy means test in New York often changes every 6 months. To help, we built the following bankruptcy means test calculator to help you estimate qualification, understand the cost and compare bankruptcy alternatives.
New York Chapter 7 Bankruptcy Income Limits
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Southern District Of New York Requirements
This district has jurisdiction over all New York bankruptcy cases filed by residents of the Bronx, Dutchess, New York, Orange, Putnam, Rockland, Sullivan, and Westchester counties, and has concurrent jurisdiction over Greene and Ulster counties. It has locations in Manhattan, Poughkeepsie, and White Plains and is currently handling 90 so-called mega cases.
This district requires individuals filing a Chapter 7 bankruptcy in New York to submit all paycheck stubs received within the 60 days before their case was filed to their case trustee by the date set for the first meeting of creditors, instead of filing them with the court.
Complete The Bankruptcy Forms
This is probably the most technical part of any bankruptcy filing. If youâre eligible to file through Upsolve, we will handle the technical parts after collecting all of the necessary information from you. If youâre thinking of completing the forms on your own without anyone’s help, make sure to download and review the 49 page instructions manualfor important information about each one of the bankruptcy forms.
Of course, if you hire a bankruptcy lawyer theyâll do the heavy lifting in drafting all your bankruptcy forms based on the information you provide to their office. Regardless of which process you choose, make sure to take your time and be diligent and thorough in answering all of the questions. You will be signing these documents under penalty of perjury before theyâre filed with the court, and errors or omissions can delay or even prevent the entry of your discharge.
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When You’ll Need A Bankruptcy Attorney
It’s usually best for any bankruptcy filer to hire an attorney. That said, as discussed above, individuals can represent themselves in the right circumstances. It just depends on the case and the comfort level of the person.
You’re Filing for Chapter 13
Chapter 13 bankruptcy is a powerful financial tool that can allow you to:
- catch up on your missed mortgage or car loan payments
- eliminate unsecured junior liens from your home through lien stripping, or
- reduce the principal balance or interest rate on your car loan with a cramdown.
But Chapter 13 bankruptcy is considerably more complicated and labor-intensive than Chapter 7. If you want the court to confirm your Chapter 13 bankruptcy, you must propose a feasible repayment plan, which is challenging to do without legal knowledge and the software used by bankruptcy lawyers.
Further, if you wish to pay less on your house or car by stripping a second mortgage or cramming down a car loan, you’ll need to file a motion or adversary proceeding with the court, which also isn’t an easy task.
Learn more in Releasing Liens in Bankruptcy: Lien Avoidance.
You’re Filing a Complicated Chapter 7
Of course, if you don’t believe you can navigate the bankruptcy process, or if you aren’t comfortable with it, it’s probably best to hire a bankruptcy lawyer.
Alternate Ways To Afford An Attorney
Your attorney won’t file a Chapter 7 case until you’ve paid in full. Why? Because the bankruptcy would wipe out the fees still owed to your attorney. A debtor who doesn’t have the fee will often start by asking friends and family for help.
If that isn’t an option, qualified Chapter 7 debtors will stop making bill payments if the obligation will be discharged in the case. Then they use the money for legal fees. While this might seem sketchy, rest assured that the court understands and expects filers to use this approach. But it’s essential to be sure that you’re qualified because it can be difficultif not impossibleto catch up on bills if you find out you don’t qualify later.
It isn’t as challenging to finance a Chapter 13 case. Many attorneys will take a downpayment upfront. The remaining amount gets paid in your repayment plan, thereby allowing you to pay a small part of your legal fees each month.
Find out more about how bankruptcy lawyers get paid.
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Whether You Should File For Bankruptcy Without An Attorney Depends On The Type Of Bankruptcy And The Complexity Of Your Case
By Cara O’Neill, Attorney
You don’t need an attorney when filing individual bankruptcy, and filing on your own or “pro se” is feasible if the case is simple enough. But most people benefit from representation. In this article, learn:
- when Chapter 7 is too complicated to handle yourself
- why hiring a Chapter 13 lawyer is always important, and
- if you represent yourself, how a bankruptcy petition preparer can help.
Chapter 13 Bankruptcy New York: 9 Things You Need To Know
Apr 9, 2020 It is strongly recommended that if an individual chooses to file bankruptcy without an attorney, the individual carefully reviews the
Jul 16, 2020 Find out fees you may be charged to file for bankruptcy and what you can expect to pay for a lawyer.
Oct 8, 2020 Requirements for filing Chapter 7 and Chapter 13 bankruptcy include Bankruptcy attorney: You can file for bankruptcy without a lawyer,
A New york or New Jersey licensed bankruptcy lawyer appears with you at the 341 meeting. The Petition: To file for bankruptcy, you fill out a petition and
Does personal bankruptcy in NYC eliminate my debt? and Is filing personal bankruptcy right for New York Personal Bankruptcy Lawyer Free Consultation.
Feb 14, 2018 However, debtors who file for Chapter 7 bankruptcy are permitted by law to An experienced New York bankruptcy attorney will keep you
NYC BAP provides free bankruptcy assistance to low-income residents of New York City. We provide bankruptcy assistance through pro bono attorneys and law
Willful and malicious here means deliberate and without just cause. In Chapter 13 bankruptcy, this applies only to injury to people debts for property damage
When it comes to filing for Chapter 7 bankruptcy, choosing whether to use New York requires the assistance of a New York individual bankruptcy attorney.
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Choosing The Right Bankruptcy Chapter For You In New York
Most people file either Chapter 7 or Chapter 13. If you don’t know the differences between the two, you’re not alone. The short explanation below and our handy Chapter 7 versus 13 chart will help clear things up.
Chapter 7 bankruptcy.Chapter 7 is often a bankruptcy filer’s first choice for several reasons. It’s quickit only takes a few months to complete. And it’s cheapyou don’t pay anything to creditors. It works well for those of us whose property consists of the essential items needed to live and work.
People with more assets could lose them, however, especially if they own unnecessary luxury items. For instance, you might have to give up your RV, baseball card collection, or timeshare in the Bahamaseven your house or vehicle if you have too much equity in it or you’re behind on the payments. Unlike Chapter 13, Chapter 7 doesn’t have a payment plan option for catching up on late mortgage or car payments. So you could lose your home or car if you’re behind when you file.
Caution for businesspeople. Be sure to learn about the ins and outs of small business bankruptcies. The principles discussed apply to consumers only.
Chapter 13 Bankruptcies And Other Situations
While in some cases you can file bankruptcy without a lawyer, there are exceptions, depending on the type of bankruptcy. Some examples include:
- If your corporation or partnership is facing bankruptcy, you’ll need a bankruptcy lawyer.
- If you fail the Means Test because your income is too great, you may have to file a Chapter 13 bankruptcy rather than a Chapter 7. In that case, you can still file for bankruptcy without a lawyer, but it will be more difficult. That’s because Chapter 13 cases are much more complicated than Chapter 7 bankruptcies.
In addition to filling out the needed paperwork, you’ll have to create a repayment plan detailing how you plan to repay your creditors. As with Chapter 7 cases, downloading a bankruptcy forms package will help you stay organized by providing you with all the paperwork you need to file.
Have An Experienced Attorney File For Bankruptcy In Ny For You
If you live in the New York City area and think bankruptcy may be a viable option for you, contact us online or at to schedule a free initial consultation. Our office is located across the street from the U.S. District Bankruptcy Court in Brooklyn and is close to the Borough Hall and Court Street subway stations. We serve residents throughout Brooklyn, Bronx, Manhattan, Staten Island and Long Island.
To ensure every clients filing for bankruptcy in New York receives the attention it deserves, we are an appointment-only law firm with flexible hours adjustable to fit your needs.
Awards & Affiliations
Doesnt Filing For Bankruptcy Ruin My Reputation And My Life
Not if it gets you out of debt. You might be able to run from creditors for a while, but eventually the stress of that overwhelms people. Bankruptcy lets you stop running and start over again. It may take a few years for you to get loans and obtain credit again, but at least youll have that opportunity. Bankruptcy is meant to give people who made financial mistakes a second chance. In todays turbulent economy, that is a good thing.
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What Is Newyorkdebtrelieforg
NewYorkDebtRelief.org is a free resource where residents may find help through free do-it-yourself tools. In addition, residents may request a free evaluation and savings analysis to find out which of their bills are eligible for assistance.
We’re here to help you. We’ve served over 1.2 million New York residents since 2009.
S In A New York Bankruptcy
We all know that seeing the forest helps us recognize the trees, so it’s probably a good time to consider the significant steps you’ll take during your bankruptcy journey. Think of this checklist as a roadmap of sorts, but you can also use it to track your progress. The good news? You’ve already made headway on the first two items!
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Dealing With Your Car
Unless you happen to live in New York City, chances are you need your car to get around, whether that’s to and from work, school, the grocery store or wherever. Filing bankruptcy in New York gives you the opportunity to deal with your car in a way that makes sense for you. If youâre struggling to make the payment every month and/or the balance owing on the car loan far exceeds the actual value of your vehicle, it may make sense to give the vehicle back to the bank.
If you like your car and the loan makes sense both in terms of your ability to make the monthly payments and the balance left owing, you can keep everything the way it is by entering into reaffirmation agreement. Since this means that youâll continue to be responsible for the full balance left on the loan, you should only do this if the car is in decent condition and you can make the payment every month without problem.
If you own your car outright, then everything stays the same as long as the available exemption is high enough to cover its full value.
Filing For Bankruptcy Without An Attorney
From a legal standpoint, there’s no issue with representing yourself in your bankruptcy case. It is certainly possible to do so. “Pro se” filers, those who file on their own, have no extra barriers facing them than those who file with the help of an attorney.
While it’s possible to file for bankruptcy on your own, the federal court system strongly recommends against it. Filing pro se means that you can only rely on your own knowledge of the legal system and bankruptcy. The judges and other legal professionals you will meet in the process are prohibited by law from providing any assistance.
If you’re wondering whether or not you should hire an attorney to help file bankruptcy, consider factors such as how complex your case will be and how comfortable you are researching bankruptcy law.
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Do I Qualify For Bankruptcy Chapter 7
This is a complicated question that can be answered with the help or an attorney. Chapter 7 utilizes a means test to determine who can file. Its purpose is to prevent high-income individuals from utilizing Chapter 7. This test is based on the median income of your residence therefore, it will vary from person to person.