Legal Question in Bankruptcy in New York

chapter 7 &401K

I plan to file chapter 7 & I know my car(which is clear) will be seized as an asset since it is worth 10,800. Can I buy it back from the court???

And can I use a hardship withdrawal from 401k to do this?


Asked on 10/04/08, 9:57 am

1 Answer from Attorneys

Stephen Starr Starr & Starr, PLLC

Re: chapter 7 &401K

You have a valuable asset -- your car. The value of your car is in excess of your available exemption in NY (even if you are married and own the car jointly with a spouse).

You will benefit greatly by hiring a knowledgeable bankruptcy attorney who is experienced in the area of pre-bankruptcy exemption planning. Trying to do your own bankruptcy yourself to save money on attorneys' fees will be an exercise in being "penny wise & pound foolish", because a knowledgeable bankruptcy attorney will be able to provide you with legal advise regarding your pre-bankruptcy exemption planning options to try to keep the car, or at least preserve its value for your own benefit.

Exemption planning is one of focuses of our bankruptcy practice. Everything we do is fully disclosed to the Court and trustee, unlike the disastrous attempts at sheltering assets that debtors representing themselves often engage in (and which can result in criminal prosecution for bankruptcy crimes).

You can find additional information regarding personal bankruptcy and exemption planning topics on the Frequently Asked Questions (FAQs) and Blog posting on our website at www.starrandstarr.com, including an article I published on the topic of pre-bankruptcy exemption planning in the NY State Bar Association Journal (copy available on the Publications section of our site). Please feel free to contact me at 8888678165 to schedule a consultation.

The foregoing is intended as general information of interest to readers of this site. You should consult with a bankruptcy attorney. Facts and circumstances not disclosed in your brief posting may materially affect your rights.

For the interest of any attorney readers of this posting -- I will be presenting a program for lawyers on exemptions entitled "Exemption Planning in NY: How to Avoid Malpractice & Ethical Pitfalls While Assisting Your Debtor Clients in Preserving & Maximizing the Assets They Get to Keep in Bankruptcy." The program is being sponsored by the Bankruptcy Committee of the NY County Lawyers Association at 14 Vesey St. on November 6, 2008 at 6:00 p.m. Contact the NY County Lawyers 2122676646, www.nycla.org, for further info.

Best regards,

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Answered on 10/04/08, 11:21 am


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