Legal Question in Bankruptcy in New York

Re: credit cards

The answer is a resounding IT DEPENDS. There are many factors that need to be taken into account in a case like yours.

The total funds that would be available to creditors if they can garnishee an account that is funded solely(?) by government retirement or disability monies cannot exceed a certain percentage of your total gross income. That percentage varies, but I believe it is somewhere between 10 and 25%.

You need a lawyer. Based on your government pension income, it is conceivable that you cannot afford to pay the full price for one, so I suggest you contact your county's Legal Aid office (every county in New York has one) to see if you qualify for their help. You can find them in the Yellow Pages under "Lawyers," or your county's District Attorney's Office would know how to get in touch with them.

No, you would not be "taking public charity" by using Legal Aid's services. Legal Aid is funded in large part by the interest that comes from lawyers' client trust accounts (as if you always wondered what happened to that interest); those funds are gathered from lawyers' escrow accounts across the state, pooled and given to entities like Legal Aid to pay for legal services for those who need but cannot otherwise afford a lawyer. The attorneys who work there work on salary, and outside attorneys can get their pro bono hours in by volunteering their time and talent to assist Legal Aid's clients when the staff attorneys can't handle the matter for whatever reason. Lawyers in New York are "strongly encouraged" to spend a certain percentage of their time doing pro bono work; we get some sort of brownie points for it, and it gives us a means to give back to the communities that support us. Legal Aid is a regulated agency but it is not funded with tax or charitable dollars.

Good luck.

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: credit cards

Filing for Bankruptcy could discharge the debt if it is dischargeable.

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