Owed back wages.. do I have a case?

To the extent you are owed wages, you should immediately file a claim with the NYS Department of Labor. That office investigates and helps to enforce a NY employer's obligation to pay wages. The website is www.labor.state.ny.us and a telephone number (for the office in the Buffalo NY area) is 716-847-7141. I'm sure if you contact them, they can direct your inquiry appropriately. My experience has been that their involvement helps to get you paid without the need to retain counsel....

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My employer is in chapter 11. I am on long term disability getting payments from a 3rd party insurer. What will happen to me?

Based upon what you have advised and without knowing more, I think is is likely that your disability benefits would not be affected by the Chapter 11 filing unless there is some obligation that your employer needs to fulfill (payment) to have benefits continue and this, for whatever reason, is not occurring. As it concerns your life insurance, again, there may be a problem if premiums are not paid. It is difficult to know how your benefits are affected without knowing what the employer's...

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What is the best option (LLC, S-Corp, C-Corp) in New York State Incorporation for a small business?

There really is no such thing as a "best option". It all depends on the nature of the business and the identity of its shareholders. Whenever possible, though, one should make a subchapter S tax election when setting up a corporation in order to receive favorable (pass-through) tax treatment. The subchapter S corporation is almost always preferable to the subchapter C corporation for tax purposes. The limited liability company is also typically a pass through entity but is a bit more...

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I was served by my credit card company, do I have to go to court

The filing date of the summons and complaint may or may not be important. What is important is when and how you were served with the paperwork. If it's been about 5 months since you first received the summons, I am concerned that there may be a judgment against you if you did not "answer". In NYS, an answer should be in writing and submitted to the plaintiff's attorney to avoid a judgment from being entered based on default. This may be why the attorney is insistent that there be a payoff....

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I hired a judgment recovery company to collect monies owed to me, what can I do when they refuse to return my calls

This is a difficult question to answer since there is really no regulatory or oversight agency involving judgment recovery firms. In other words, it is difficult to enlist a third party to obtain a simple answer to your question. I do not know what contract you signed with the firm (this would need to be reviewed) but if you have not sold or assigned the debt or if the contract does not prohibit you from contacting the judgment debtor directly and simply collecting the judgment yourself, I...

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Demand for return of preferential payment received

Unfortunately, the trustee may be correct. The bankruptcy laws allow a trustee assigned to a case to demand the return of any "preferential transfer". Typically governed by Section 547 of the US Bankruptcy Code, a trustee can request the return of any payments made to: 1) a creditor 2) for a debt owed by the debtor before payment was made 3) which was made while the debtor was insolvent 4) on or within 90 days before the filing of the petition (or up to one year if the...

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What are my options to collect on outstanding invoices I've billed as an independent contractor in the state of New York?

The only option you have (other than waiting) is to bring a suit against them. You should explore whether you can bring a claim in commercial small claims (depends on the amount involved and the jurisdiction in which the defendant is located) which is generally more cost-effective than an action brought in the regular civil part.

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Hello, filedC#7 in 2/09. Got a discharge from court. Applied for loan modification. Bank asking for Letter of termination why??

Bankruptcy courts do not issue termination letters. Cases in bankruptcy courts are either discharged and/or closed. It is understandable that the lender is requesting proof that the bankruptcy is completed: the lender wants to make sure that they are not violating the law. The lender may also request a certificate of abandonment from the court which would signify that the trustee had no interest in the property subject to the loan modification. I would suggest cooperating with the lender.

Is bankruptcy the best option?

From the information you have provided, you may likely be an appropriate candidate for bankruptcy. However, especially with the 2005 changes to the bankruptcy laws, it would not be appropriate to advise you that you can definitely file bankruptcy without fully reviewing your debts, assets, income and expenses. It is also difficult to advise whether you are eligible for debt consolidation since this also depends on the same information and would of course depend on the decision of a lender (...