Michael Hal Schwartz's Answers

Automobile exemptions in Chapter 7 bankruptcy...?

You do not need to exempt an asset that has no equity in it. Btb, the automobile exemption in New York is now $4,000 under the statute that you are referring to.

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In Chapter 13, I have no debt (0) in unsecure priority claims,

It makes a big difference as to how you categorize your debts. Three are general unsecured, priority unsecured, and secured debts. Not only is it important to complete the schedules correctly, but the distribution to creditors depends on the classification of the debts.

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I have a foreclosure of small coop pending (worth less than 150) and want to apply for Banruptcy chapter 7. Would it stop

Yes, filing chapter 7 will stop the foreclosure but it will not help you in repaying the arrears to the party that commenced the foreclosure. For that you will need to file a Chapter 13 case and propose a plan to repay the arrears.

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Reopen a bankruptcy case?

First things first. Credit Cards are by definition a personal debt. When you signed the application you more than likely signed a document which held you personally liable. It is usually in a sentence stuck in the middle of the application. Second. If you did not provide these creditors to your lawyer then you should pay to have the case reopened and have the additional creditors added. See if your lawyer ran a credit report for you. He should have. Then see if the debts are listed on...

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Is social security disability income included in income requirements for BK?

Generally speaking the income of your wife and you are both included in the means test. BUT, SSD is NOT income that is included on the Means test. Private disability is included.

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Can you file for personal bankruptcy?

It sounds like your assets will exceed the exempt assets allowable in New York for a Chapter 7 case amongst other apparent issues. Since the devil is in the details, you need to identify each house by fair market value and the outstanding mortgage balance to determine what your actual equity is. In addition, the Courts are not keen on keeping more real estate than your actual residence and not paying your debts.

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Was discharged chap 7 in 5/2011 by court. Trustee still has case open.

Property that the trustee can or cannot take is governed by New York State Law. Property you can keep is called "exempt". The amount and type of property you can exempt is limited. If your case was filed after January 23, 2011 you can choose from a list of exemptions allowed under 11 USC Section 522 or the New York State Debtor & Creditor law amongst other statutes. Without knowing what property you have already exempted, it is not possible to answer your questions.

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In bankruptcy(pro se) what should I request in my motion for discovery from mortgage lender(filed non-enforceable proof of claim

The simplest thing to do is file an objection to the Proof of Claim in the Bankruptcy Court stating the reasons for your objection. The burden will then be on party that filed the Proof of Claim to prove that they have standing to file the claim.

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In chapter 13 to ask court for discovery of mortgage note & note endorsements from home mortgage lender what is required-motion?

In ALL respect, you are on the right track but are way in over your head in this department. But, that said, you will need to make a formal Discovery demand in writing pursuant to the Federal Rules of Civil Procedure 30 et seq.

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Chap 7-NYS-Reaffirmation confusion-do I reaffirm car loan if the creditor sent me the affirm. agreement to sign after I filed?

Congress changed the law in 2005 to allow lenders to repossess cars if the loans are not reaffirmed. In the 1,000 or so cases that I have filed since the law changed, only Ford has exercised that option. You may want to call your Credit Union and ask them what their policy is. You may also be able to get the credit union to lower the interest rate. It never hurts to try. Good luck!

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