Mark E. Lewis’s Answers

Mark E. Lewis

Buffalo Chapter 7 Bankruptcy Attorney.

Contributor Level 5
  1. Would I lose my tax refund if I filed bankruptcy now?

    Answered over 1 year ago.

    1. Andrew M. Doktofsky
    2. Mark E. Lewis
    3. Howard E. Knispel
    4. Deborah F Bowinski
    4 lawyer answers

    Depends on the amount of the refund and the amount of the exemption you are allowed. In NYS, you are now allowed to claim the "federal exemptions" which are (on the whole) more generous then NYS exemptions. In my practice, my client always claim the federal exemptions if they do not own a home or if they do, they is not significant equity. It's a numbers game and any accomplished bankruptcy lawyer will know this. So, to answer your questions, depends on the amount of refund and whether you...

    5 lawyers agreed with this answer

  2. What is the process of an uncontested divorce? Is serving the papers by one spouse to another compulsorily required in NY?

    Answered over 1 year ago.

    1. Paul Karl Siepmann
    2. Brianne Marie Carbonaro
    3. Barbara J. King
    4. Howard E. Knispel
    5. Mark E. Lewis
    5 lawyer answers

    You have to be served with summons with notice or summons and complaint. A judge will not sign the divorce findings of fact and decree unless s/he is satisfied that other party has been served within 120 days of obtaining the index number and that an affidavit of service is filed with the clerk's office w/n that time frame. Even if the matter is considered "uncontested", the other party has to sign an agreement or at the very least a defendant's affidavit. So, you would know that a divorce...

    4 lawyers agreed with this answer

  3. I am looking for a lawyer to represent me in court against a judge who I almost got arrested by .

    Answered over 1 year ago.

    1. Howard A. Schwartz
    2. Eric Edward Rothstein
    3. Louis Lawrence Sternberg
    4. Lori A Hoffman
    5. Mark E. Lewis
    5 lawyer answers

    That is the reason people hire criminal defense attorneys. To deal with the court system. Try not to take it personal and let your attorney deal with the district attorneys office and the judge. Criminal Defense attorneys are also well versed in the law and they may know something that is beneficial to the outcome of your case.

    2 lawyers agreed with this answer

  4. I no longer want to be held responsible for my husbands future debt, such as credit cards, is there anything I can do?

    Answered over 1 year ago.

    1. Mark E. Lewis
    2. Brian Daniel Perskin
    3. Dorothy G Bunce
    3 lawyer answers

    In NYS, you are not responsible for your spouse's debts. If you a joint cardholder then you are as responsible for any charges even if he made them only. Also if you are not joint cardholder but "authorized user" then you could be held liable for the charges that you made. To answer your question, you are not responsible for your husband's future debts if you are not a joint holder of that card. If you are, call the credit card company and get your name off this account.

    2 lawyers agreed with this answer

  5. If i have no job how would i file for a divorce in N.Y.

    Answered over 1 year ago.

    1. Howard A. Schwartz
    2. Lawrence Allen Weinreich
    3. David Alexander Browde
    4. Mark E. Lewis
    5. Paul Karl Siepmann
    5 lawyer answers

    In Buffalo and Rochester, NY, they have legal aid societies that will help you with that. If you are diligent enough and good at filling out papers, all the forms are on the NY State Uniform Court Website for free. Personally, I would recommend the legal aid society. A word of warning, the process is not simply or easy.

    2 lawyers agreed with this answer

  6. Could my husband's business be affected by me filing for bankruptcy?

    Answered over 1 year ago.

    1. Michael A. Koplen
    2. Alan D. Walton
    3. Andrew M. Doktofsky
    4. Mark E. Lewis
    5. Theodore Lyons Araujo
    5 lawyer answers

    I agree with the other attorneys, as long as you have no ownership interest in his business then you should be fine. However, in WDNY, your husband's income is considered. So, it household income and household expenses. If your combined incomes are greater then the median income in your area then you may have to file a chapter 13 repayment case. This is a great example where you need experienced legal counsel.

    2 lawyers agreed with this answer

  7. I am on the third year of my 5 yrs bk 13 repayment plan which includes both my credit cards as well as my husband's. Options?

    Answered over 1 year ago.

    1. Hale Andrew Antico
    2. Deborah F Bowinski
    3. Stephen M Trezza
    4. Chirnese Lashaunda Liverpool
    5. Mark E. Lewis
    5 lawyer answers

    First, it depends on whether you filed a chapter 7 previously. Assuming that you haven't then you could convert or change your case to a chapter 7. If your house mortage arrears have not been satisfied in the chapter 13 or if your not current with the payment, then your mortgage will be in default. Also if you convert you have to be cognizant of the fact that you may lose some assets to the chapter 7 trustee. For example if you paid off a car in the chapter 13 and it's more then available...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Uncontested divorce???

    Answered about 1 year ago.

    1. Michael Colin Barrows
    2. Jayson Lutzky
    3. David Alexander Browde
    4. Howard E. Knispel
    5. John P Corrigan
    6. ···
    8 lawyer answers

    You can file for divorce and proceed in uncontested manner. You will sign a divorce agreement or stipulation and an affidavit. You may have to submit a net worth statement. Then your attorney would file all the paperwork to a judge for review and you would not have to go to court. All the paperwork would be handled through the mail.. However, each party should have their own attorney to review the paperwork and advise their client's of his/her rights. Never ever should both parties be...

    1 lawyer agreed with this answer

  9. I have a divorce decreeand custody order signed in supreme court does family court have the right to modify that order

    Answered over 1 year ago.

    1. Mary Katherine Brown
    2. Howard A. Schwartz
    3. Susan Kathleen Duke
    4. Mark E. Lewis
    5. Daniel Seth Williams
    5 lawyer answers

    He can do that, but he has to show there is a "change in circumstances". Very fact specific and each case is different. I had a similar case where one of the parties went to family court within months of the divorce judgment being entered in supreme court. The family court judge dismissed the case citing that there were not a "change in circumstances" and that the divorce decree would control.

    1 lawyer agreed with this answer

  10. My husband has asked for divorce. I do not want one. How do I get him out of the house when he is dragging his feet filing?

    Answered over 1 year ago.

    1. Mary Katherine Brown
    2. Susan Kathleen Duke
    3. Atousa Saei
    4. Mark E. Lewis
    4 lawyer answers

    Not really. The only legal way I am aware of is this, you must file for divorce first. Then bring a motion for "exclusive use" of the marital home. I gather from your question that this situation is unbearable and not tolerable. I understand the urgency of your situation. My opinion is that you must act as soon as possible and file for divorce.

    1 lawyer agreed with this answer