Legal Question in Bankruptcy in New York

Re: Bankruptcy & Small Claims Court Issue

If debtor files a bankruptcy petition before a simultaneous small claims case comes before the small claims judge (the hearing), judge will likely adjourn (not dismiss) the matter pending the outcome of debtor's bankruptcy action. If the bankruptcy proceeds to discharge, the small claims action should be dismissed; if the bankruptcy is dismissed or withdrawn, the small claims matter will likely proceed to judgment at that time.

If debtor doesn't file the bankruptcy petition before the small claims hearing, the judge will likely issue a "money judgment" against debtor if creditor's paperwork is in order.

A money judgment would complicate your bankruptcy case, but it can be dealt with by your attorney, who likely has experience in dealing with this situation.

If you do not have an attorney, you need one; contact one in your geographic area to represent your interests before the Trustee and the bankruptcy Court. Referrals (if you need them) are available through your local county bar association (maybe) or through the NYS Bar Association (www.nysba.org). If you truly can't afford an attorney, you may qualify for free or reduced-cost legal help from your county's Legal Aid Society (this is NOT charity, nor is it supported through taxes; ask them about how they are funded).

Good luck with it.

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: Bankruptcy & Small Claims Court Issue

Reaffirmation agreements are entered into only AFTER the bankruptcy petition is filed, and they require the approval of the Court.

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.