Bankruptcy Lawyer New York
Recent changes in U.S. law made declaring bankruptcy a much more complicated matter. Chapter 7 is the most common form of bankruptcy requested by debtors and does not require repayment. However, the U.S. Trustee has become much more aggressive in denying Chapter 7 bankruptcy, and instead forcing people into a Chapter 13 bankruptcy that does require repayment. You need the right bankruptcy law firm to get your Chapter 7 Bankruptcy approved.
That is why the bankruptcy service at Storobin & Spodek LLP is full and complete, going far beyond other firms. For only $1,599 we will not only prepare your petition, as all firms do, but we’ll provide representation by a team of lawyers and a CPA who will guide you from the beginning to the end.
Government requirements to obtain a Chapter 7 bankruptcy are:
- Obtaining a Special Edition Credit Report of your obligations
- Transfers of your accounts to collection agencies
- Third-party assignees and if any judgments have been obtained against you.
- Obtaining a copy of your IRS Tax Transcripts
- The Pre-Filing Credit Class
- Performance and certification of the Financial Means Test
- Preparation and filing of your bankruptcy petition
- Payment of all court filing fess;
- Representation at court hearings (as known as the Meeting of Creditors)
- A copy of your official filed bankruptcy petition
- And the Post-Filing Credit Class.
Why make Storobin & Spodek your New York bankruptcy lawyers?
- Get representation by a team of lawyers and an accountant who will guide you through all steps, maximizing your chances of getting your Chapter 7 bankruptcy petition approved.
- Supreme Court Justice Joseph Silverman declared that David Storobin is “an asset to the legal profession” who’s “very hardworking, mature and dedicated” and “diligent and concerned about the quality of his work”. (See testimonials).
- Mr. Storobin has been interviewed on TV and radio. Forbes and the Investor’s Business Daily referred to him as a “global legal expert”.
- Flat fee you can afford with a payment plan that suits your needs.
- Get the attention you deserve, and don’t be ignored by your bankruptcy lawyer.
- All documents are custom prepared by your bankruptcy attorney.
- We can handle bankruptcies in EDNY (Brooklyn) and in SDNY (Manhattan).
- Your New York bankruptcy lawyers will be experienced, skilled and ready to fight for you during the meeting with 341 creditors.
Lawyers Makes A Big Difference. Get the right New York Bankruptcy Lawyers – Storobin & Spodek LLP
New York Bankruptcy
- What are the government requirements to obtain a Chapter 7 bankruptcy?
- Why declare Chapter 7 bankruptcy?
- Will I still have to pay off my debt after declaring a Chapter 7 bankruptcy?
- How long will the bankruptcy stay on my record?
- Can I get a credit card or a mortgage after bankruptcy?
- What is the “means test” required for a Chapter 7 bankruptcy?
- What are my bankruptcy options?
- What is a 341 Creditors Meeting?
- What questions will I face during the 341 Creditors Meeting?
- Can I file for bankruptcy if I already had one before?
- What can I keep if I declare a Chapter 7 bankruptcy?
- What doesn’t get discharged by a Chapter 7 bankruptcy?
- What are the recent changes to bankruptcy law?
- What documents should I bring to my New York bankruptcy attorney?
- Bankruptcy Courts in New York City, Long Island and Westchester?
- Do you have a glossary of bankruptcy law terms?
What are the government requirements to obtain a Chapter 7 bankruptcy?
- Obtaining a Special Edition Credit Report of your obligations
- Transfers of your accounts to collection agencies
- Third-party assignees and if any judgments have been obtained against you
- Obtaining a copy of your IRS Tax Transcripts
- The Pre-Filing Credit Class
- Performance and certification of the Financial Means Test
- Preparation and filing of your petition
- Payment of all court filing fess;
- Representation at court hearings (as known as the Meeting of Creditors)
- A copy of your official filed bankruptcy petition
- And the Post-Filing Credit Class.
Why declare Chapter 7 bankruptcy?
- Credit Card Debt, Medical Bills, Personal Loans and some taxes
- Evictions, Foreclosure, Repossessions and Lawsuits
- Wage Garnishments and Bank Attachments
- Harassing Telephone Calls and letters from debt collectors
When a debtor files for bankruptcy under Chapter 7, the Bankruptcy Court imposes an automatic stay on the bankruptcy estate. An automatic stay prevents creditors from attempting to foreclose or repossess any property or to collect on the debt without seeking the permission of the Bankruptcy Court. Additionally, an automatic stay prevents creditors from making collection phone calls or initiating any lawsuits against the debtor. The automatic stay remains in place until 1) the judge lifts the stay at the request of a creditor, 2) the debt is discharged, or 3) the property in question is no longer part of the bankruptcy estate.
Will I still have to pay off my debt after declaring a Chapter 7 bankruptcy?
Not if you declare a Chapter 7 bankruptcy. It does not require you to pay back now or at any time in the future.
How long will the bankruptcy stay on my record?
Bankruptcy discharge stays on the individual’s credit report for up to 10 years for most purposes. This may make credit less available and/or terms less favorable, although high debt can have the same effect. That must be balanced against the removal of actual debt from the filer’s record by the bankruptcy, which tends to improve creditworthiness. Consumer credit and creditworthiness is a complex subject, however. Future ability to obtain credit is dependent on multiple factors and difficult to predict.
The importance of the effects of bankruptcy on creditworthiness is often overemphasized because by the time most debtors are ready to file for bankruptcy their credit score has already suffered a greater hit than one caused by a bankruptcy.
Can I get a credit card or a mortgage after bankruptcy?
In our experience, many people who declared bankruptcy were able to loans, credit cards and mortgages. This is true even while the bankruptcy is on your record. Your interest and other terms may be different, depending on your credit score. However, a bankruptcy is often less damaging to your creditworthiness than a large debt that you can’t afford to pay.
What is the “means test” required for a Chapter 7 bankruptcy?
To declare a chapter 7 bankruptcy, a debtor must undergo a “means test.” The means test compares the debtor’s income in the 6 months before the filing of the bankruptcy to their state’s median income. If the debtor’s income falls below the state median, they are automatically allowed to file for bankruptcy under Chapter 7. If the debtor’s income is above their state’s median income, they may still qualify to file for Chapter 7, but it becomes more complicated process with additional tests that take their expenses and excess income into account.
Additionally, in order to be eligible for a Chapter 7 bankruptcy, the applicant must have completed credit counseling by an approved credit counseling service. You can do this in our office at Storobin & Spodek LLP.
What are my bankruptcy options?
- Chapter 7: Liquidation for Individuals and Businesses
- Chapter 9: Municipal Bankruptcy
- Chapter 11: Rehabilitation used primarily by businesses
- Chapter 12: Family Farms and Fishermen
- Chapter 13: Payment plan or rehabilitation for those with regular income
- Chapter 15: Ancillary and other cross-border cases
What is a 341 Creditors Meeting?
One to three months after the bankruptcy petition is filed, the 341 creditors meeting takes place, which allows creditors the chance to gain additional information about the debtor’s finances and ability to repay his debt. While you are not required to have a bankruptcy attorney, it is important to make sure your filing is done properly by someone with knowledge and experience in declaring bankruptcy, especially the 341 creditors meeting. If all the issues cannot be rsolved at the meeting, your bankruptcy attorney can supplement additional information later. In some cases, a second 341 creditors meeting may be required to get your Chapter 7 bankruptcy petition approved.
What questions will I face during the 341 Creditors Meeting?
Click here for the answer.
Can I file for bankruptcy if I already had one before?
Chapter 7, and other bankruptcy chapters, is not available to individuals who have had bankruptcy cases dismissed within the prior 180 days under specified circumstances. You should be allowed to file for another bankruptcy if your previous one is over 180 days ago, provided that you would be otherwise qualified.
What can I keep if I declare a Chapter 7 bankruptcy?
In a Chapter 7 bankruptcy, the individual is allowed to keep certain exempt property. We will go over all your assets to determine to determine what you can keep.
What doesn’t get discharged by a Chapter 7 bankruptcy?
In a Chapter 7 bankruptcy, the individual is allowed to keep certain exempt property.
Common exceptions to discharge include child support, income taxes less than 3 years old and property taxes, student loans (unless the debtor prevails in a difficult-to-win adversary proceeding brought to determine the dischargeability of the student loan), and fines and restitution imposed by a court for any crimes committed by the debtor. Spousal support is likewise not covered by a bankruptcy filing nor are property settlements through divorce. Despite their potential non-dischargeability, all debts must be listed on bankruptcy schedules.
What are the recent changes to bankruptcy law?
The most important change amendments occurred within 11 U.S.C. § 707(b) and subjects most debtors who have an income above the debtor’s state’s median income to an income based test. This test is referred to as the “means test.” The Code calculated income may be higher or lower than the debtor’s actual income at the time of filing for bankruptcy. It is important to discuss the means test with your bankruptcy Lawyers.
Another major change requires that all individual debtors in either chapter 7 or chapter 13 complete an “instructional course concerning personal financial management.” At Storobin & Spodek, we can help arrange for you to take this course by phone at a time of your choosing.
The above information is not intended to serve as legal advice, and should not be relied upon. No attorney-client relationship exists or can exist based on the offering of the information in this guide. While all effort was made to avoid errors and inaccuracies, such may occur for several reasons, including but not limited to changes in bankruptcy law. To speak to a qualified New York bankruptcy lawyer, call us at (212) 748-9243.
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