Legal Question in Bankruptcy in New York

Filling for Chapter 13

HI.

I live in NYC. My wife and I owe about 35,000 in credit cards. My wife decided to go with debt consolidation which was the worst thing we did. Interest rates went up terribly. So, She got out of the debt consolidation program. So, I decided to make some balance transfers and cash advances to pay her credit cards. Now, I can't even afford to pay them. I am thinking about filling for chapter 13 since I filled for chapter 7 back in 2003 and it was discharged in 2003. what should I do? Am I going to have a problem by filling? Will all those balances transfers and cash advances be seen as fraud? Will the trustee require my wife to pay for those debts?

Thank you.


Asked on 1/15/08, 9:49 pm

1 Answer from Attorneys
Nancy Delain Delain Law Office, PLLC

Re: Filling for Chapter 13

"What should [you] do"?

You need to hire an attorney to help you through this situation. Bankruptcy is best handled by someone who is located geographically close to you (meaning in the same borough). Speak with the attorney who handled your Chapter 7 petition (check with the local bar association in your borough or with the NYS Bar Association (www.nysba.org) if you need a referral).

Chapter 13 has always been and remains a different kettle of fish from Chapter 7, and it has different requirements. Also, the law changed dramatically in November 2005 with the new bankruptcy act that went into effect then. Do not expect a Chapter 13 experience under the new law to parallel or duplicate in any way your Chapter 7 experience under the old law.

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.

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Answered on 1/16/08, 7:38 am


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