John M. Crane’s Answers

John M. Crane

Portchester Real Estate Attorney.

Contributor Level 9
  1. Can I file for Bankrupcy ?

    Answered about 1 year ago.

    1. John M. Crane
    2. Eric Edward Rothstein
    3. Scott Benjamin Riddle
    4. Carl H Starrett II
    5. Jayson Lutzky
    5 lawyer answers

    You now have to take two debt counseling classes, but you are able to file bankruptcy. Whether Chapter 7 or 13, depends on your income/expenses, so this really is a trap for the unwary.

    8 lawyers agreed with this answer

  2. Does schedule I for Chapter 7 include income for the month after or before filing?

    Answered almost 2 years ago.

    1. John M. Crane
    2. Stephen M Trezza
    3. Michael A. Koplen
    4. Michael Kim Bane
    4 lawyer answers

    The trustee was politely telling you to consider amending schedules I&J to reflect your current situation. If you are making 0, you cannot have a surplus. Also, your expenses were likely too low for this area. If he/she didn't telly you to amend and closed your meeting, you should be fine.

    5 lawyers agreed with this answer

  3. Must I list my child's social security survivor benefits on Schedule I of chapter 7 petition?

    Answered almost 2 years ago.

    1. Robert A. Stumpf
    2. John M. Crane
    3. Michael Hal Schwartz
    4. Michael A. Koplen
    5. Dorothy G Bunce
    6. ···
    6 lawyer answers

    As Michael said, yes, but also list his expenses on Schedule J.

    5 lawyers agreed with this answer

  4. When filing for bankruptcy, does all income have to be reported?

    Answered about 1 year ago.

    1. John M. Crane
    2. Jayson Lutzky
    3. Michael A. Koplen
    4. Kevin B. Zazzera
    5. Andrew Daniel Myers
    6. ···
    7 lawyer answers

    YESSSSSSS! Anything else is a crime.

    4 lawyers agreed with this answer

  5. Can I combine exemptions?

    Answered about 1 year ago.

    1. John M. Crane
    2. Aaron Matthew Tomczak
    3. Jonathan David Warner
    4. Ronald S. Cook
    5. Theodore Lyons Araujo
    5 lawyer answers

    If you select the federal exemption, you most certainly can take the standard vehicle exemption and use the wildcard for the balance.

    4 lawyers agreed with this answer

  6. Private Student loans and undue hardship?

    Answered almost 2 years ago.

    1. Robert A. Stumpf
    2. John M. Crane
    3. Dorothy G Bunce
    4. Michael Hal Schwartz
    5. Christine C McCall
    6. ···
    7 lawyer answers

    An undue hardship is something that will remain with you for life. You cannot get rid of student loans, especially private ones, since the revision of the Code in 2005.

    4 lawyers agreed with this answer

  7. Married, filing for Chapter 7 - spousal involvement

    Answered about 1 year ago.

    1. Jayson Lutzky
    2. Tiffany Nicole Romine
    3. Dorothy G Bunce
    4. John M. Crane
    4 lawyer answers

    As said above, it is household income that is of concern. Your non-filing spouse will not have her credit score affected by your bankruptcy. However, if your household income is too high, you may not qualify for a Chapter 7 and you might have to file a Chapter 13. You should definitely consider an attorney and not doing this on your own.

    3 lawyers agreed with this answer

  8. My company owes over payment to NY Medicaid. I need to apply for bankruptcy or dissolve.

    Answered over 1 year ago.

    1. Edwin Drantivy
    2. John M. Crane
    3. Michael Leo Potter
    3 lawyer answers

    When you say your company, are you talking about a company you own? Sole shareholder or other shareholders, or is it an LLC? Give us some more facts so that we could more intelligently advise.

    3 lawyers agreed with this answer

  9. Can the Condo Board sue us if we stop paying the maintenance and do not contribute to an assessment?

    Answered over 1 year ago.

    1. Michael Hal Schwartz
    2. Christopher James Baum
    3. John M. Crane
    4. Dorothy G Bunce
    4 lawyer answers

    All three of the answers are entirely correct, but I wanted to stress that you may want to seriously consider a deed in lieu of foreclosure, which some lenders will not accept because they are afraid of the liability that comes along with title to a property until they sell it. Therefore, you may want to consider a short sale. In this manner, you might more quickly transfer title and end this chapter of your life. Also, condominium liens will be paid current at closing, so there goes the...

    3 lawyers agreed with this answer

  10. I am 82 years old and receive ss and union pension i owe credit card debtt of 20000 dollars can they garnish iether pensions fo

    Answered over 2 years ago.

    1. John M. Crane
    2. Brian S Wayson
    3. Theodore Lyons Araujo
    3 lawyer answers

    First, if you have no other assets, you are likely judgment proof. But that may not prevent your account from being frozen. They may have to release it, after you demonstrate the only source of the funds in the account are retirement pension (ERISA qualified) and/or social security. ERISA qualified pension accounts are protected from judgment execution, but you should consult with an attorney near you to be sure that your pension is a qualified pension. The simpler solution is to consider...

    3 lawyers agreed with this answer

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