Archived
Can my chapter 7 bankruptcy be reopened after discharge due to a possible malpractice case i found possible 3 year after?
Theodore's answer
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Answered on August 08, 2016
The case can be reopened and the asset of the lawsuit added. What happens to the potential recovery is another matter. You should seek the help...
Archived
When can I try for a chapter 7 bankruptcy? Or chapter 13?
Theodore's answer
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Answered on August 08, 2016
While you must wait at least 8 years between filing two chapter 7 (11 USC § 727(a)(8)) bankruptcies (assuming you got your discharge) you need only...
Archived
I was served papers for a summons and formal complaint.
Theodore's answer
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Answered on July 22, 2016
The first thing you need to do if and when you get sued is file an Answer. The summons will tell you that you must “appear” by way of an Answer in...
Archived
How do I change to “Pro Se”? Can I do it myself?
Theodore's answer
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Answered on June 20, 2016
If most of the work is done perhaps you can get a lower fee from current counsel? getting familiar with a case can be costly. Going pro se can be...
Archived
I am considering filing for a chapter 13 bankruptcy. I was told that New York State has lenient bankruptcy laws.
Theodore's answer
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Answered on June 20, 2016
If you have limited income you may qualify for a Chapter 7 case which gets rid of the debt for nothing. Mr. Schwartz is correct to point out the...
Archived
When the Stay is Lifted how do we reopen? Do we need an attorney? We are attorney poor, over $4,000 and lost rent $11,000.
Theodore's answer
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Answered on May 09, 2016
Since this is the second 13 in a year the stay will only stay effective for 30 days unless the debtor brings a motion to continue the stay. If the...
Archived
How do I go about placing information within my court file just for informational purposes?
Theodore's answer
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Answered on May 06, 2016
You cannot just add things to the file. Did you Answer? Have you brought Motions? There are times in the life of the case that require that you...
Archived
If a creditor is filing an objection but has not filed a POC in BK13 case. Can his objection is considered valid without POC?
Theodore's answer
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Answered on May 06, 2016
First, in today's climate, you're lucky the bank has appeared. Even if the SOL ran prior to the filing of the bankruptcy (bankruptcy stays the...
My car got towed. I fought the parking ticket and won (not guilty). NYC won't refund because it's privately towed. What to do?
Theodore's answer
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Answered on May 05, 2016
You should pay and get the vehicle back and minimize your damages and then go after the city for your expenses. If you do not have the funds go...
Archived
How can the REVISED PAYE help me? How does one even get started?
Theodore's answer
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Answered on May 05, 2016
Looks like you ran out of space...in the next question keep it simple and short and I am sure people here can help you. Are you being sued for...
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