Legal Question in Bankruptcy in New York

Creditor asking for tax records and assets

My daughter is claiming bankruptcy. One of the creditors (a bank)is asking for my daughter to be examined in their attorney's office & to bring w/her 3 yrs. of tax records & a list of assets. My daughter already filed before the new laws went into effect. Her court date is in about a week. With the letter, there was an attachment from the bankruptcy court w/ a stamp from the Judge. My daughter is 19 & has no assets, lives at home & only has the clothes on her back & her car (which we had appraised under the advice of her attorney & is worth $1900). Is this creditor allowed to do this? I thought that once you claim bankruptcy, you are cleared from all debt? Why is this attorney contacting her through mail? When she received the 1st letter, we faxed it to her attorney & was told that they would handle it. Now the bank attorney sent a 2nd letter.She is getting very scared and is afraid that they might take her car & her clothing away from her. Plus, she lives in my home.(can they legally come into my home & take things from her? The furniture is my furniture, etc) She has no money for a new car & needs it to get to work everyday. It does seem that my attorney is doing good so far, just need a second opinion.


Asked on 1/05/06, 9:53 am

1 Answer from Attorneys
Jacob Silver Attorney At Law

Re: Creditor asking for tax records and assets

It is difficult to give a complete response without actually reviewing the documents, but it appears that the court approved a deposition of you daughter by creditors. This could be a big problem, because the creditors may have started an Adversary Proceeding against her to prevent her from getting the bankruptcy discharge of a debt. Just because you file for bankruptcy, does not automatically mean that you will obtain a complete discharge, either under the old or especially new rules.

This case illustrates why in my opinion, you should NEVER file for bankruptcy without an attorney, because creditors have become very aggressive in challenging the discharge of debts in bankruptcy. I have seen Adversary Proceedings filed by Capital One, Citibank, and others.

My policy is that I represent existing clients who face these Adversary Proceedings at low cost. People who file for bankruptcy without an attorney, can end up in these situations where they save a few hundred dollars in legal fees, and then end up not obtaining the bankruptcy discharge.

You can read about Adversary Proceedings on my website. http://www.silverbankruptcy.com

You Need To Hire an Attorney.

Best of Wishes

Jacob Silver

Attorney At Law

26 Court Street

Suite - 2511

Brooklyn, NY 11242

[email protected]

http://www.silverbankruptcy.com

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Answered on 1/05/06, 10:24 am


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