Edward William Vopat's Answers

NY divorce and seperation and residency requirements

How long have you lived in New York? The residency requirements aren't quite as bad as they may sound. The Domestic Relations Law says: "§ 230. Required residence of parties. An action to annul a marriage, or to declare the nullity of a void marriage, or for divorce or separation may be maintained only when: 1. The parties were married in the state and either party is a resident thereof when the action is commenced and has been a resident for a continuous...

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I'm a law student in nys. Will filing for bankruptcy preclude me from being accepted to the bar?

First off - study hard! The bar exam is tough enough without financial pressures over your head. Let me try and address your second question first - there are many things that the Character and Fitness Committee will look at when determining your fitness for admission. The best advice I can give ytou there is to ALWAYS be honest, complete in your answers, and willing to accept responsibility if you have made mistakes. Remember your ethics course (if you have taken it already that is)?...

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SHould I consider Chapter 7 with 40K debt and 75K salary? What are the future consequences?

You are not the first lawyer to consider bankruptcy (although you are probably the first lawyer I have heard of with only $10k in student loan debt - congratulations!). Your basic question comes down to whether a Chapter 7 will work for you - probably not. For a single person in NY, your income is above the presumption of abuse. That does not mean a Ch. 7 CANNOT work for you, it just means it is much less likely. A Chapter 13 plan might be a better fit for you. Take a look at Official...

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I have judgment against me. Can I form a new corporation.

Let me try to address the child support issue first - child support payments will take priority over garnishment for other debts. Support Collection routinely enforces payment orders through income execution (taking money from your pay) tax refund intercept (if you owe support when you file for your tax refund Support Collection will get the money, not you) and other methods. If you earn money through a corporation, you may be subject to child support enforcement through that corporation....

I dont think i ever made a payment.

If you can add some more information, I'd be happy to help answer your question. What is your concern? Are you trying to figure out if you should file a bankruptcy, or if the creditor can try and collect on a debt? Please give some more details (what kind of debt this is, when you first got the debt and why) and I can try to answer your question. Best of luck, Ed Vopat www.vopatlawfirm.com

Creditor has served me with a summons and complaint, will bankruptcy stop further litigation under NY bankruptcy laws

One of the key benefits of bankruptcy is the Automatic Stay provided by Section 362. With some exceptions (mostly related to the support of family members), when you file a bankruptcy petition all credit collection activity inclusing lawsuits must immediately stop. If the debt in question is discharged (eliminated) by your bankruptcy, the creditor cannot take any action to collect on that debt. The question of whether or not a bankruptcy is the right action for you does depend...

A person with a will co-signs on a parent plus loan for college.If they passaway, can the bank take funds from the their will?

The general rule is that if you have debts when you pass away, those debts shall be paid prior to anything passing through the estate to the beneficiaries. If the loan is in default when Grandmother passes away, it is possible that the bank could collect from Grandmother's assets before the children would receive an inheritance. It is probably best to have an attorney look at the loan agreement to determine the risk that the bank will attempt to collect from Grandmother's assets. If the...

Power of Attorney with regard to Chapter 7 Bankruptcy

Section 341(d) of the Bankruptcy Code says (in part) "Prior to the conclusion of the meeting of creditors...the trustee shall orally examine the debtror....in a case under chapter 7". The word "shall" means it is not optional, it is required. Now if you have filed through an attorney, make sure your lawyer knows what is going on with your employment. You did not say how long you will be away, but you may be able to make a motion to continue (adjourn) the Section 341 Meeting until your...

Wife filed ch 7 bankr husb was denied ch 13 now he won't grant divorce unless I agree to pay 1/2 what would've been part of c13

If you were granted a discharge for debts that were held in both of your names, no, he cannot make you pay. That is the purpose of bankruptcy, to eliminate debt. You cannot eliminate debt that qualifies as a Domestic Support Obligation, such as child support, or spousal maintenance ("alimony"), but it does not sound like that is the kind of debts you are discussing. One question that comes to my mind is why was he denied a Chapter 13? Divorce triggers equitable distribution, which means...

As a NYer can I file small claims against someone in NY if they reside in NJ or do I have to file in Civil Court?

It sounds like you were given good information. To sue someone in small claims court you have to sue them where they live (at least NY's small claims courts). That means you probably have two options - sue them in New Jersey, using their small claims proceedures (probably not too convenient for you) or sue in civil court. Since your posting shows Brooklyn, you may want to look at the NYC Civil Court website, http://www.nycourts.gov/courts/nyc/civil/civil.shtml If you have any other...