Legal Question in Bankruptcy in New York

Re: bankruptcy problem please help

Mr. Starr's answer is excellent; the one issue he did not address is the fact that your situation is caused by identity theft that your sister committed against you. While I understand that she is family and you don't want to make waves within the family, you need to understand that you are the victim of a crime committed against you by your sister and you do have the option to work to get the results of that crime removed from your record.

Identity theft is a problem of megaproportions at this time, and is something that occasionally happens in families. Many family members decide, as you have, not to pursue the identity thief, but this can cause relations to deteriorate just as quickly as pursuing the thief; resentment builds because the family member whose identity was stolen has to go through the fires of h--- for no fault of his or her own while the identity thief skips merrily along with no repercussions.

There is a limited time in which to decide to pursue an identity theft case. Pursuing an identity theft issue may save a bankruptcy filing since things can sometimes be straightened out through the pursuit of the identity theft problem.

My law partner handles identity theft issues; should you decide to pursue it, feel free to contact us.

Re: bankruptcy problem please help

Husband and wife may file bankruptcy together as joint debtors, but are not required to both file. Only one space may file bankruptcy if that spouse so chooses. The permission of the other spouse is not a requirement, although there may be legal repercussions for the non-filing spouse (for instance, if she/he is a codebtor on debts with filing debtor).

For general information regarding personal bankruptcy check out the Frequently Asked Questions (FAQs) on our website at www.starrandstarr.com. The discussion of the "means test" covers eligibility for chapter 7 as a result of changes to the Bankruptcy Code in 2005. Chapter 13, which is available if a debtor is not eligible for chapter 7 as a result of the means test is also discussed.

Bankruptcy law is a complicated subject and you should consult an attorney experienced in bankruptcy law regarding your options.

This posting is intended to provide general information of interest to readers of this website and is not intended as legal advice for your specific situation.

Best regards,