Legal Question in Bankruptcy in New York

Bankruptcy and civil suits

I committed a felony almost 5 years ago, I have gone to jail and have been paying restitution since then. I would like to sell my house but there is a judgement on the house. I cannot fullfil the judgement.

Can I go bankrupt on the judgement?


Asked on 1/09/08, 1:41 pm

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Bankruptcy and civil suits

1. It sounds like you are making a good-faith effort to pay restitution and you have my respect for that.

2. If the judgment is from a civil matter, then the house CAN be sold. You would be required to indemnify the creditor from the proceeds of the house.

3. You can also petition for Bankruptcy and have the house sold to pay your creditors. The remainder (anything left over after the creditors are paid) would go to you.

There is one advantage to bankruptcy, if the house is your residency (where you live), then under NY law you would get the 1st $5,000 from the sale of the house and the remainder.

In either situation there would be some attorney fees.

You are welcome to a consultation for no fee. Email is best to make an appointment.

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Answered on 1/09/08, 2:12 pm


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