William Watt Waldner’s Answers

William Watt Waldner

New York Chapter 13 Bankruptcy Attorney.

Contributor Level 9
  1. I live in New York City (the Bronx) and I want to file a Chapter 7 or a Chapter 13 Bankruptcy case.

    Answered almost 3 years ago.

    1. William Watt Waldner
    2. Barbie Dawn Lieber
    3. John Gerth Merna
    4. Eric Charles Lewis
    4 lawyer answers

    Good question. First, it is important to understand that there is a $150,000 homestead exemption in New York City (this is doubled for married couples). Essentially you are allowed to keep up to $150,000 in the equity that you have in your home. You can determine the equity in your home by taking the value of you house (Appraisal is a good indicator of current value) and subtract the amount remaining on your mortgage(s) (aka. liability). A payoff letter from your lender will determine how...

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  2. Bankruptcy New York City (attorney needed)

    Answered almost 3 years ago.

    1. William Watt Waldner
    2. Barbie Dawn Lieber
    3. John Gerth Merna
    4. Mitchell Paul Goldstein
    4 lawyer answers

    Good question. There are several additional facts I would need to know about your case but I will try to answer your question. The Bankruptcy Code establishes that a case should be commenced in the district in which the residence, domicile, principal place of business or principal assets of the debtor have been located for 180 days before (6 months), or for a longer portion of the 180 days than any other district. So in your case you would be able to properly file in Manhattan (Southern...

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  3. How to Surrender Property in a chapter 7 Bankruptcy in New York City (Manhattan)

    Answered almost 3 years ago.

    1. William Watt Waldner
    2. Ronald Joseph Kim
    3. Michael Hal Schwartz
    4. Michael David Siegel
    4 lawyer answers

    This can be a somewhat complicated issue if not handled properly. First of all it is important to recognize that a completely different procedure will result if there is a mortgage or lien on the property. In any event, the first step is to list the property as surrendered on the portion of the Chapter 7 petition titled the "statement of intent". Next make sure that you list the florida taxing authority responsible for collecting property taxes on what is called the mailing matrix. The...

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  4. In WA state can a Notice of Default be served during the automatic stay after filing a Chapter 7 Bankruptcy?

    Answered about 3 years ago.

    1. William Watt Waldner
    2. Dorothy G Bunce
    3. Stephen M Trezza
    3 lawyer answers

    I am not licensed in WA but I can say that this sounds like a mistake contact your lawyer immediately or if you are in need of one James Magee, Esq. is in your area and is an excellent lawyer.

    2 lawyers agreed with this answer

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  5. We filed ch.13 in 12/07 this was discharged in 12/10. we were buying a house. received 2 letters of auctions of the house .

    Answered almost 3 years ago.

    1. John Gerth Merna
    2. Eric Charles Lewis
    3. Dana Leigh Oglesby
    4. William Watt Waldner
    4 lawyer answers

    Your house may not have been properly surrendered in the 13. Your case can be reopened but must be done properly. Either your attorney should have arranged to have it quick claimed to the lender or he/she would have filed a motion forcing the lender to accept a quit claim deed. Regardless, I am sure a good foreclosure attorney can challenge the new lender.

    2 lawyers agreed with this answer

  6. Iown a business with a couple of other people its an LLC. One of the partners just told us she filed chapter 7 bancrupcy.

    Answered almost 3 years ago.

    1. William Watt Waldner
    2. Kenneth Allyn Sprang
    3. Marco Antonio Torres
    3 lawyer answers

    Here the Trustee will step into your partner's shoes. If the trustee feels the filing partner has non-exempt equity in the LLC then the trustee may come after the LLC. However, assuming the filing partner does not have value in the company there should be no problem.

    2 lawyers agreed with this answer

  7. I attended a Chapter 13 creditor's meeting and want more information on my ex husband's supposed expenses. Can I obtain this?

    Answered almost 3 years ago.

    1. Stephen Clark Harkess
    2. William Watt Waldner
    3. Mitchell Paul Goldstein
    3 lawyer answers

    If he owes you money file a proof of claim then demand a 2004 examination. You should consult an attorney before doing this.

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  8. I filed Chap. 7 on my own in May & my lease is up in July. May I sell my car, payoff the lease and use the money to by another?

    Answered about 3 years ago.

    1. Lysbeth Goodman
    2. William Watt Waldner
    3. Stephen M Trezza
    3 lawyer answers

    Lysbeth is correct. I would only add that you need to find out how much you can exempt for a car in your jurisdiction. Find out the Kelly Blue Book, NADA value or get an appraisal (see what your jurisdiction accepts). If the amount is less than the appraisal then the trustee may want to make a deal with you. Let's say the car is worth $4,000 and you can exempt $3,000, now the estate potentially has a $1,000 interest in the car. (However, the trustee probably does not want to deal with...

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  9. Car loan reaffirmed in my discharge, can wife file it in her chapter 7 now that it has been repossessed?

    Answered about 3 years ago.

    1. Dorothy G Bunce
    2. William Watt Waldner
    3. Stephen M Trezza
    4. Glen Edward Ashman
    4 lawyer answers

    I am not licensed in NV so you should consult with a local attorney. My thoughts: So I am assuming you and your wife had a car loan and held it jointly, defaulted and you filed for bankruptcy. Here is the problem, you reaffirmed the debt. So the bankruptcy will not help you (by reaffirming you kept the car loan outside of the bankruptcy, and it was not discharged as a debt). However, the car was repossessed, so the car company has the car. For this reason you should not be liable for...

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  10. We just received a presumed abuse letter from the trustee after trying to convert our chapter 13 to a chapter 7. We filed in

    Answered about 3 years ago.

    1. William Watt Waldner
    2. Theodore Lyons Araujo
    3. Dorothy G Bunce
    4. Stephen M Trezza
    4 lawyer answers

    I am not licensed in GA but only in NY. You definitely need an attorney here. I guess it depends why you are presumed an abuse. In NY if it relates to a discrepancy between you schedules I and J (too much disposable income) then the US Trustee, not the Bankruptcy trustee may object. If you failed the means test then the Bankruptcy Trustee will object. Hope this helps

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