Michael Hal Schwartz’s Answers

Michael Hal Schwartz

White Plains Chapter 7 Bankruptcy Attorney.

Contributor Level 14
  1. I have a question on bankruptcy and injury settlement in my wife's name

    Answered 2 months ago.

    1. Michael A. Koplen
    2. Michael Hal Schwartz
    3. Marco Caviglia
    4. Christian K. Lassen II
    5. Joseph Gerard Dell
    5 attorney answers

    In a word, No. Her property is her property.

    7 lawyers agreed with this answer

  2. I'm interested in filing bankruptcy. I'm about 2 to 6 months overdue on some accounts. If I file, can they take my tax refund?

    Answered 4 months ago.

    1. Michael Hal Schwartz
    2. Eric Edward Rothstein
    3. Michael A. Koplen
    4. Scott Benjamin Riddle
    5. Gary D. Bollinger
    6. ···
    7 attorney answers

    You are entitled to a $11,975 exemption in NY assuming you have no other assets that may need that exemption. However, if you repay your family or friends with the money it will be taken back by the Court as a preferential payment. You need to plan this bankruptcy carefully. If you are getting a $5,000 tax refund you certainly can afford a competent lawyer to represent you which includes pre filing advice.

    7 lawyers agreed with this answer

  3. How soon can I deposit a large amount of money into my bank account after I file Chapter 7 Bankruptcy? My lawyer said 3months.

    Answered 12 months ago.

    1. Michael Hal Schwartz
    2. M Yehuda Handler
    3. James Portman Webster
    4. Ronald Joseph Kim
    5. Mitchell Paul Goldstein
    6. ···
    8 attorney answers

    Congratulation, you have just committed bankruptcy fraud. Any inheritance received or to be received before or within 180 days after your case is filed is property of the bankruptcy estate, must be reported to the trustee and will be distributed to the creditors. Your only option is to reject the inheritance if that is not too late.

    7 lawyers agreed with this answer

  4. Reopen a bankruptcy case?

    Answered about 1 year ago.

    1. Michael Hal Schwartz
    2. Anthony Matthew Vassallo
    3. Theodore Lyons Araujo
    4. Sidney Joseph Diamond
    4 attorney answers

    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...

    7 lawyers agreed with this answer

  5. I filed for Chapter 7 bankruptcy in July 2011 - am I going to receive a federal refund ??

    Answered 4 months ago.

    1. Michael Hal Schwartz
    2. Walter C Oney Jr
    3. Howard Edward Knispel
    3 attorney answers

    If your case is closed and you received your discharge you will also receive your tax refund assuming you do not owe any taxes.

    Selected as best answer

  6. In Chapter 7 can a non-debtor's income be used to pay for debts of the unemployed person filing if income is high for means test

    Answered 3 months ago.

    1. Michael Hal Schwartz
    2. Robert Michael Fox
    3. Jeffrey B. Peltz
    4. Scott Benjamin Riddle
    5. Dorothy G Bunce
    6. ···
    7 attorney answers

    Your father cannot be forced to pay your debts and I would not include his income or even consider him as part of your household as your are really living gratis in his household.

    6 lawyers agreed with this answer

  7. How do i file a proof of claim in a Chapter 7 filing with a hearing of creditors schedutled for October 15th?

    Answered 8 months ago.

    1. Michael Hal Schwartz
    2. Robert A. Stumpf
    3. Michael A. Koplen
    4. Bruce Laurence Weiner
    5. Michael David Siegel
    6. ···
    6 attorney answers

    There is fraud and then there is fraud under the bankruptcy code. You need to bring your complaint and judgment to a bankruptcy attorney.

    6 lawyers agreed with this answer

  8. How are multiple alternative addresses for creditors listed on the chapter 7 Bankruptcy papers?

    Answered 9 months ago.

    1. Michael Hal Schwartz
    2. Robert A. Stumpf
    3. Steven Anderson Leahy
    3 attorney answers

    There are 2 ways it is commonly done. One is to list the additional addresses as if they are separate creditors but with the balance at 0 and note "Notice Only" in the description OR just add the additional addresses to the mailing matrix.

    6 lawyers agreed with this answer

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

    Answered over 1 year ago.

    1. Michael Hal Schwartz
    2. Ronald Joseph Kim
    3. Andrew M. Doktofsky
    4. Michael A. Koplen
    5. Walter C Oney Jr
    5 attorney answers

    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!

    6 lawyers agreed with this answer

  10. Filing bankruptcy and haven't filed taxes yet....

    Answered over 1 year ago.

    1. Shannon E Wynn
    2. Michael Hal Schwartz
    3. Lawrence W. Lobb
    4. Derek R. Caldwell
    5. Russell Baird Adams III
    5 attorney answers

    Yes, but you will not get your discharge until you file the tax return for 2011.

    6 lawyers agreed with this answer

We're ready to help. Contact us for an appointment.

914-997-0071

Visit attorney's website