Legal Question in Bankruptcy in New York

hello,

my sister is elderly, ill, a recent widow, and judgement proof living in her scrie rent stabilized nyc apartment of 44 years.

her husband recently died leaving many more unpaid credit card bills and now she survives only on her own small social security monthly check of $800.00 of which she also pays her share of the rent which is frozen due to scrie entitlement for lower end fixed income elderly rent stabilized tenants.

she does not have any more funds at all, and no bank accounts other than her direct deposit for her ss check.

she read in the newspaper that recently another elderly female nyc rent stabilized tenant filed for bankruptcy chapter 7, who also lost her husband and ability to pay credit card debt, and the bankruptcy court trustee contacted her landlord.

the end result was she is no longer rent stabilized, and although not evicted i need to know a few facts please, especially since this case has still not been decided regarding the use of taking away rent stabilized leases from tenants if they file for bankruptcies in nyc courts.

as of january 2014 there still is no new news on this particular outcome.

my sister has no other means of funds other than her small monthly ss check and she was told rather than file for bankruptcy (which she can't since she cannot afford to), she should just stop paying the credit card debt and disconnect her phone. she was also told not to contact anyone at all.

she was also told to just get a cell phone for emergency calls using a paid monthly card she can get from a drug store.

my question comes down to this....if my sister were to just not pay any more of the credit card bills, disconnect her phone and get a cell phone for emergencies, and just not file for bankruptcy since she also has no funds for it, is there any way she is still in jeopardy of losing her rent controlled scrie appointed nyc apartment?

i would help her if i could but i am also elderly and living on a small fixed income and am writing this since my sister has no pc. also i, my sister, and my deceased brother in law also helped support all of our aging parents who all died while in our care from terminal illnesses and that wiped out all of our savings. had my sister and deceased brother in law had additional funds they would have paid all their debts off.

thank you so much for your free legal advice, as i just do not wish to see my elderly sister become homeless and lose her current nyc rent stabilized apartment which also offers scrie benefit to elderly on fixed incomes below $29,00000.


Asked on 1/05/14, 8:27 am

1 Answer from Attorneys
Nancy Delain Delain Law Office, PLLC

Without a representation agreement with your sister, I cannot provide much advice as to what she should do, but I can tell you (and her) that FREE legal help is available in NYC. Your sister (not you) should call the City Bar Association and ask to be evaluated for eligibility for pro bono services (at $800/month, she doubtless qualifies). The City Bar may not provide free services, but they know who does and will gladly provide the contact info for those organizations. Pro bono services are not charity; the lawyers who are employed by the pro bono organization are paid by the grants of money taken from the interest on lawyers' escrow accounts.

THIS POST CONTAINS GENERAL INFORMATION AND IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY. IT DOES NOT CONSTITUTE LEGAL ADVICE, NOR DOES IT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP. FOR LEGAL ADVICE ON YOUR PARTICULAR MATTER, CONSULT YOUR ATTORNEY.

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Answered on 1/07/14, 7:43 am


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