Here is the story. You've filed for Chapter 7 bankruptcy and you received a notice for discharge. Unfortunately, you inadvertently omitted a creditor that you owe a significant amount of money to as a result of a judgment. Will the courts be sy...
Generally, debts not listed in a Chapter 7 case are deemed discharged if, a) the case was a "no asset" case, meaning that creditors did not receive any payment from the Chapter 7 trustee and b) the debt is a dischargeable debt. Certain debts are automatically non-dischargeable (examples are domestic support obligations, most student loans, certain tax debts), while others may be deemed non-dischargeable if contested by the creditor (an example is a debt incurred due to fraud). If the debt in your case may be non-dischargeable, then it would not be deemed discharged in your situation.
A bankruptcy case may be reopened to add a creditor that was omitted in the original filing. This is a fairly straightforward process. The fee to reopen the case is $260. Attorney's fees will vary, so you would have to discuss that with whatever attorney you decide to use. If the motion is unopposed, the time from filing the motion to resolution should take approximately 30 to 60 days, depending on the judge's motion schedule. If the motion is opposed, it could take much longer.See question
My ex was ordered to pay me for legal fees more than 18 months ago. The Appellate Division affirmed the award. Subsequently, my ex tried to get rid of his debt by filing for Chapter 13 Bankruptcy but recently his case was dismissed. I plan to g...
It would be very unusual for a dismissal of a Chapter 13 case to be appealed, as in most instances there would be no grounds for an appeal. Most Chapter 13 cases are dismissed for failure to make plan payments or to file necessary schedules. If the dismissal were appealed, there is no stay in effect pending the appeal, unless the debtor brings a motion for a stay pending the appeal, and the motion were granted.See question
If deceased’s estate is being probated in FL where deceased was domiciled, but deceased still maintained a safe deposit box in NY, but no other property, ancillary NY probate is not required to access the contents and close the box is it? Would th...
Fiduciaries appointed outside of New York State do not have the authority to act in New York. In your situation, an ancillary proceeding may be necessary. However, if the Florida Summary Administration did not appoint a fiduciary (which may be possible - you should consult with a Florida attorney), then an original (not ancillary) probate or administration proceeding (depending on whether or not the decedent had a will) would have to be commenced in New York, in the county in which the property is located.See question
Wife lost her job. 20,000 in credit card debt im unable to pay. We own a home valued at 120,000 with no mortgage. We own home together as tennacy of the entirety. If there's a judgement can we loose our home? We live in upstate New York. I am not ...
The New York State homestead exemption for Tompkins County is $75,000. The exemption is per debtor so you can protect up to $150,000 of equity in a jointly owned home. Based on the value you have provided, the homestead exemption would protect your home from being sold by a judgment creditor. Also, it is highly unlikely, although not impossible, for you to be sued for your wife's credit card debts. Without a judgment against you, your wife's creditors cannot execute on your wages.See question
I was sued in New York, the aggressive/resourceful plaintiff is about to get a civil judgment (probably going to win a summary judgment motion) and has threatened they will convert the final civil judgment to a criminal bench warrant. According to...
In New York, a judgment creditor can serve a judgment debtor with a subpoena to appear at a deposition to aid enforcement of the judgment. The subpoena is signed by the creditor’s attorney, but has the authority of the court. The deposition can only be held in the county in which the debtor resides, or has an office for the regular transaction of business, or where the action was pending. If you live anywhere in New York State, then you are subject to being served with the subpoena.
If the debtor fails to appear, then the judgment creditor can bring a motion to hold the debtor in contempt of court. If that were to happen, the court will simply order the debtor to appear at a deposition and produce whatever documents were requested. If the debtor refuses, the court can issue a warrant and have the debtor committed to jail until he submits to the examination.
To hold someone in contempt, it must be shown that the debtor refused or willfully neglected to obey the subpoena.
In the end, a persistent judgment creditor can force a debtor to appear for the deposition, However, the law limits the number of subpoenas to one every twelve months, unless court permission is obtained.
I am a creditor. Debtor filed for bankruptcy. I was not properly served with notice of the bankruptcy. The time period to file my claim with the bankruptcy court has expired.
You should contact the Bankruptcy Court clerk to find out if a claim should be filed. Most Chapter 7 cases are "no asset" cases, and filing a claim would be pointless, as creditors do not receive any payment. If the case is a Chapter 13 or Chapter 11 case, or a Chapter 7 case where an asset notice has been issued by the clerk, then the advice provided in the previous answers would be applicable.See question
I owe money on my business credit cards and a few businesses directly.
There is always personal liability for credit cards in a business name. If you are the sole owner of the business, then you will be liable for any outstanding credit card balances. Loans made to a small business will also always have a personal guaranty. Debts owed to suppliers may have personal liability, although it would depend on whether a personal guaranty was given.
It rarely makes sense to file a Chapter 7 bankruptcy for a small corporation or LLC. A personal Chapter 7 bankruptcy may give you relief from your personal debts as well as your personal liability for business debts.
You can learn more about business debts and bankruptcy at: http://www.amdlaw.com/BankruptcyLaw/SmallBusinessBankruptcy.aspx
850K bankruptcy. I own the one car.
If your valuation is accurate, a Chapter 7 trustee will demand that you turn the car over, or, as stated in a prior answer, you will have to pay the trustee for the non-exempt portion of the vehicle. How much of the vehicle you can exempt depends on whether you are using the New York State exemptions or the federal bankruptcy exemptions. Given that you are at risk of losing your vehicle, you should consult with a bankruptcy attorney. You can read about property exemptions on my website at http://www.amdlaw.com/BankruptcyLaw/PropertyExemptions.aspxSee question
I am looking to contest the will because the will presented is only a photocopy NOT the original. If I sign the form, aren't I saying I am ok with the will and to proceed? So if I don't sign it, how do I go about contesting and putting a claim a...
If you intend to contest the will, then you should not sign the waiver and consent form. Keep in mind that under certain circumstances, a photocopy of a will may be admitted to probate. Also, you can make a claim against the estate for funeral expenses, regardless of whether you consent to probate or not.See question
I have a bx attorney (this will only be my third meeting) but he never mentioned something I just read and I am nervous. If one of my creditors in the bx plan is the same bank where I keep my checking account, once the petition is filed (which wi...
A bank may take money that you have in a bank account to satisfy a debt owed to the bank, even if you file for bankruptcy. This is known as a right of setoff. However, federal law prohibits banks from setting off debts owed for credit cards. For instance, if you have a Bank of America credit card debt that will be discharged in bankruptcy, and you have a bank account at Bank of America, the bank may not setoff funds in your bank account. However, if you have a personal loan or overdraft, then the bank can exercise its right of setoff.See question