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Craig Dennison Robins's Answers
Contributor Level 14
- 274 Legal Answers
- 6 Legal Guides
3
Attorney answers:
How much does it cost to file chapter 13 bankruptcy in New York
As a Long Island Chapter 13 bankruptcy attorney, I am very familiar with the costs involved with filing a Chapter 13 proceeding in New York. The filing fee is indeed $274 and it is extremely rare that it would be waived. The legal fees do have have a range, based in part on the complexity of your situation and who your attorney is. Some attorneys will do a simple Chapter 13 towards the lower end of the $3,000 range, whereas other attorneys could charge over $4,000 if there are unusual...
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2
Attorney answers:
Is the surviving spouse responsible for debt left by deceased spouse under NY probate laws
You say that you are continuing to pay your deceased husband's credit card debts. YOU SHOULD NOT DO THIS. The credit card companies cannot make you pay your spouse's credit card debt, whether he is dead or alive, unless you personally signed a credit card application. Feel free to see various material on my web site for seeking debt relief in New York. Click here: .
5 people marked this answer as helpful
1
Attorney answers:
Should I sign the reaffirmation agreement to get the charges removed from my mortgage?
There is no longer an issue as to whether you should sign the reaffirmation agreement. Once a Chapter 7 debtor receives a discharge, he cannot enter into a reaffirmation agreement. Thus, even if you signed the reaffirmation agreement and file it with the court, the court will bounce it. In many parts of the country, Chapter 7 debtors are not required to reaffirm a mortgage in order to be able to keep their house. In such areas, as long as you continue to make your regular mortage payments,...
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2
Attorney answers:
Is there any way I could get my money back?
You are very fortunate because you paid by credit card. You should immediately contact your credit card company and dispute the charge. You should be able to reverse some or all of it because you paid for services that you did not recieve. If the dentist filed for bankruptcy and listed you as a creditor, you should have received an official "notice of commencement" from the bankruptcy court. The bankruptcy court appoints a Chapter 7 trustee to review his case and examine him. If he did...
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Attorney answers:
I filed chpt 7 and they said would request me to pay part of my tax refund to the trustee, what if I decide to keep it.
. You live in New York where a single person can only protect a total of $2,500 of liquid assets. This includes cash, money in the bank and entitlement to tax refunds. It sounds like your liquid assets added up to more than $2,500. When that happens, the trustee can make you turn over the difference. Your personal situation is quite compelling. However, a trustee has very little discretion in collecting non-exempt assets. Either an asset is exempt or it isn't. If the asset is not...
1 lawyer agreed with this answer
3
Attorney answers:
Can I file Chapter 7 bankruptcy without including my husband?
I am sorry to hear of your many difficulties, financial and otherwise. Bankruptcy was designed to help people in your very situation. You can file for Chapter 7 bankruptcy without your husband. Although both spouses can file a joint petition, they are not required to do so. It does sound like you qualify for Chapter 7. However, you should consult with an experienced bankruptcy attorney in your home state to discuss this further. For more information about bankruptcy issues, please...
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1
Attorney answers:
In New York State can my parent be held responsible for my medical debt if I was claimed as a dependent on their taxes ?
In New York, a parent cannot be held responsible for an adult child's medical expenses. It is highly unusual for a hospital to ask for your parent's tax papers. You do not need to worry about your parents being pursued by the hospital.
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1
Attorney answers:
Will i receive my 2008 Tax refund?
It's always best to have an attorney represent you in bankruptcy court for the very reason of resolving questions of the type you just mentioned. That being said, your tax refund is probably totally safe and protected. If the trustee wanted to pursue your refund for the benefit of creditors, he surely would have advised you of this at the meeting of creditors. Since you filed for bankruptcy relief, the bankruptcy stay prevents creditors from taking any action against you, so you do not...
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3
Attorney answers:
How much does it cost to file chapter 13 bankruptcy in New York
The other link referred to above did not get listed. It is below. (article written in the Suffolk Lawyer about a seminar held at the Bar Association where attorneys discussed, on the two-year anniversary of the new bankruptcy laws, various Chapter 13 issues including the typical amounts attorneys charge for Chapter 13 cases.)
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1
Attorney answers:
During bankruptcy I did not reaffirm my car loan, once paid off can I get the title from bank
You will absolutely be able to get the title to your car. You had an agreement with the lender to make payments. You voluntarily fulfilled the legal obligations of that agreement. The lender has no greater rights because you filed for bankruptcy and must process the car loan satisfaction paperwork just like any other transaction.
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