Richard S. Feinsilver's Answers

I am going to file bankruptcy chapter 7, and I have some dispute with IRS about taxes of 2008. I am unemployed and cannot afford

You will have to wait until April 16, 2012 to file. Technically, your obligation to pay income taxes does not accrue on December 31st, but April 15th of the following year, The 3 year period did not begin to run until April 15, 2009..

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Our chapter 7 was discharged in Jan. 2011. Can I start a small home business.

The purpose of filing Chapter 7 is to provide you with a fresh start. Any post petition earnings are beyond the reach of your creditors - Good luck

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Is it under Exempt Income Protection Act (EIPA), bank account with less than $1700 can't be frozen?

In New York, the first $1740.00 in any bank account cannot be attached regardless of the source of funds. Further, if the only monies in the account are from social security, veterans or other governmental benefits, the total amount may be exempt although the judgment creditor may request proof of the source of the funds.

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Can a file for another bankruptcy?

Since your Ch 13 was dismissed, you can file a petition under Chapter 7 at any time provided that you meet both the asset and income (means test) criteria.

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Garnishment Question

The exemption is based upon your gross, not your net. The first $217.50 is exempt. Anything above that is subject to wage garnishment.

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Can a prospective employer rescind a job offer after find out about bankruptcy?

This is a sticky issue because it has a practical and a legal side to it. On the legal side, it is a violation of Federal Labor Laws for an employer or prospective employer to deny employment to an individual solely on the basis of the bankruptcy filing. On the practical side, New York is an "at will" employment state - meaning that they can change their position for any reason or no reason at all. Remember, you have not be hired yet. You have only been tendered an offer. While I...

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Tax Return during Chapter 7 Bankruptcy

It depends on when you filed your case. Assuming that you filed prior to 1/22/11 (when the NYS exemptions increased), an individual can protect up to 2500.00 in liquid assets including the rights to a tax refund. This amount is determined by the date of your filing. Anything above 2500.00 must be turned over to the Ch 7 trustee to be distributed to creditors. If you filed prior to 1/22/11, a trustee can file a request with the IRS to intercept your return. In addition, a right to a refund...

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Can I file a chapter 7 bankruptcy?

The deficiency on the auto loan can be discharged in a Chapter 7, but you will remain liable for the fines resulting from the tickets.

I have a judgement against me from 1997. Canthey seize my compensation from crime victims fund or court ordered restitution?

A judgment obtained in NY can be enforced for two consecutive 10 year periods. I suggest that you check to see if the judgment was renewed in 2007. If it was not, it is not enforceable. If it has been renewed, it can be enforced until 2017. In this event, a recovery could be attached by a creditor (if the creditor finds it) - you may wish to speak to an experienced attorney once you determine if there will be any recovery

Can NYS pensions be garnished to pay a student loan to a private lender which was defaulted due to chaper 14 bankruptcy

Despite the language contained in Section 523(a)(8), student loans are generally not dischargeable. The only suggestion that I can make would be to approach the insurance company and try to negotiate a settlement. Some of the private insurers are beginning to make settlement offers. Good luck.