For deceased domiciled in FL, ancillary NY probate isn't required to access NY safe deposit box contents & close it is it?
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Answered on March 25, 2016
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...
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Can I be held liable for my wife's credit cards? Will a judgement creditor force a sale of our home for her credit card debt?
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Answered on February 23, 2016
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...
What New York State laws address Debtor's exams, and are there any protections for debtors who are subject to exams in New York?
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Answered on January 26, 2016
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...
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What action should I take?
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Answered on December 28, 2015
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...
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If i go bankrupt on my business am I personally liable for an debts?
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Answered on October 19, 2015
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...
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I am filing chapter7 and I own (clear title) a vehicle worth 23000.00. What is the likelyhood the court takes my vehicle?
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Answered on May 21, 2015
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...
I received a waiver of process consent to probate form regarding my father's will. I wish to contest the will. Do I sign?
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Answered on May 21, 2015
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...
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Bankruptcy question for New York
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Answered on March 12, 2015
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...
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We are filing a joint chapter 7. Car is in my name. Can I double the exemption because it's a joint petition. It's worth 6,000
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Answered on February 17, 2015
If title to the vehicle is in the name of one debtor only, the exemption cannot be doubled in a joint bankruptcy filing. You may take only one...
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How can a lien be removed from a house after the bankruptcy of a previous co owner?
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Answered on October 17, 2014
Under certain circumstances, judgment liens can be avoided (removed from real property) in bankruptcy. However, in order to do so, the person...
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