Legal Question in Bankruptcy in New York

Re: bankrupcy

A debtor MUST declare all of their debt. Failure to do so is fraud on the court, and Debtor runs the risk of the case being dismissed with prejudice (i.e., Debtor cannot refile). The bankruptcy Trustee can discover undeclared credit card debt by simply running a credit report on Debtor.

The only way to keep a credit card out of a bankruptcy is to pay that card off and then wait to file until the lookback period (several months) has passed.

Sounds to me like you NEED to hire an attorney. Find one who is local to you with whom you are comfortable. The NYS Bar Association (www.nysba.org) is a good source of referrals, if you need one, as may be your local county bar association.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

Re: bankrupcy

A debtor filing a bankruptcy case must schedule all of his/her debts and doesn't get to pick or chose.

However, after filing a debtor can enter into a "reaffirmation agreement" with a creditor that the debtor's debt to that creditor wont get wiped out. The credit card companies often will provide additional credit subject to the terms of the reaffirmation agreement. However, reaffirming credit card debt really weakens the benefit of the debtor's bankruptcy filing.

There are lenders who specialize in extending credit card offers to post-bankruptcy debtors (generally at high interest rates) because under the Bankruptcy Code the debtor can't get another chapter 7 discharge for 8 years, or a chapter 13 discharge for 4 years, after the date of filing the prior chapter 7 case in which the debtor received a discharge.

The foregoing is intended as general information of interest to readers of this web site and is not intended to as legal advice for your situation. The facts and circumstances of your situation may be different than those described above. You should consult with an attorney for legal advice regarding your situation.

For general information regarding bankruptcy and debt collection matters please also feel free to visit the Frequently Asked Questions (FAQs) on our website at www.starrandstarr.com/faqs.htm

Best regards,

Stephen Starr