Legal Question in Bankruptcy in New York

Can I File for Chapter 13 or not?

I am a tenant and I have fallen behind in my rental payments to my landlord,I am sure that I can stay in my apartment as long as I am able to file Chapter 13 and make a plan to repay my debts, I owe about $4865 in back rent and I am currently in L&T Court, I just want to know, under the New Bankruptcy laws, can I still file for Chapter 13 or not? And will I get an immediate stay or not?

I have read the new Bankruptcy laws but I am a little worried that things have now changed alot in bankruptcy. I would appreciate any help that you can offer.

Thank You.


Asked on 11/09/05, 6:10 pm

2 Answers from Attorneys
Richard Roberts Richard A. Roberts, Esq.

Re: Can I File for Chapter 13 or not?

Yes, you can file but it might not be effective if you file too late. The bankruptcy automatic stay provisions of section 362 will only apply if there has not yet been a judgement for possession. Once the judgement for possession has been obtained you will be subject to section 362(b)(22) and will not be able to stop the eviction.

Read more
Answered on 11/11/05, 4:00 pm
Lance Spodek Lance Roger Spodek, P.C.

Re: Can I File for Chapter 13 or not?

Yes - Chapter 13 will stop L&T action, give you 5 years to repay back rent. You must act before a warrant of eviction is granted.

Read more
Answered on 11/09/05, 7:06 pm


Related Questions & Answers

More Bankruptcy Law questions and answers in New York