Legal Question in Bankruptcy in New York

my father wants to file bankruptcy

My father retired at age 57 he is now 69, realize can't afford the payements on his credit cards. My dad and mom live at my brother-in-laws house,they give him money toward bills, question that I ask is can he still file for bankruptcy?


Asked on 3/15/08, 8:33 pm

2 Answers from Attorneys

Nancy Delain Delain Law Office, PLLC

Re: my father wants to file bankruptcy

Sure. The debtors' source of income and living arrangements are not the determinative questions about whether a bankruptcy petition can be filed.

He (HE, not you or anyone else) needs to contact an attorney who is geographically close to him and with whom he (HE, not you or anyone else) feels comfortable. If a referral is needed, your father can contact the NYS Bar Association (www.nysba.org) or his county's bar association for a referral. Note that good free or low-cost legal help may be available to him if he is income-qualified. This is NOT charity; it is paid for by the interest on lawyers' escrow accounts, not by any taxing authority or charitable organization. He should call his county's Legal Aid Society (they're in the phone book) to see if his income qualifies him for their help.

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.

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Answered on 3/17/08, 9:43 am
Richard Feinsilver Richard S. Feinsilver, Esq.

Re: my father wants to file bankruptcy

Thank you for your inquiry.

Your father would be a prime candidate for Chapter 7.

Please contact me directly at the address below to schedule a free no-obligation consultation to discuss his situation in greater depth

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Answered on 3/16/08, 10:39 am


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