Legal Question in Bankruptcy in New York

Need help!

I am not sure. But I would like to get information about filing bankruptcy. What can I file on bankruptcy? What do they need to know? Does it stay on record? What exactly happens? I am unable to find a job and I have creditors calling me like crazy telling me to get an attorney. I am not sure what else to do. Please help!!


Asked on 10/25/07, 10:39 pm

3 Answers from Attorneys

Nancy Delain Delain Law Office, PLLC

Re: Need help!

Your creditors are correct: YOU NEED A LAWYER. Get one who is local to you (you can probably get a referral from your county's bar association, or the New York State Bar Association operates a referral service (www.nysba.org)). If you cannot afford a lawyer, you may qualify for your county's legal aid program; give the Legal Aid Society a call to see if you do. They provide free or reduced-fee help to low-income people (and it's GOOD help) with funds that come from the interest on all those escrow accounts that lawyers throughout the state hold. This is not charity; it is not supported by donation or by tax dollars. It is a service to the public provided by the attorneys of the state as a way to give back to the communities that support us.

Bankruptcy is a big decision, and it will stay with you on your credit records for many years (but not forever) after the case is discharged (closed by the court).

"They" need to know everything about your finances -- EVERYTHING. Filing for bankruptcy is a petition asking the court for an order that prevents your creditors from ever initiating or continuing collections actions against you on most debts that you properly declare (there are debts that cannot be discharged in the normal course of events in a bankruptcy case). For the court to grant such a petition, you must tell the court EVERYTHING about your finances. Bankruptcy courts frown on selective reporting of debt and income; bad things happen when courts frown.

Court proceedings are public records, so the fact of your filing for bankruptcy protection will never go away; however, the notice will drop off your credit reports after some years.

You and your attorney will decide on the appropriate course of action in your case, and that decision will determine "what exactly happens."

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 10/26/07, 9:23 am
Stephen Starr Starr & Starr, PLLC

Re: Need help!

Regarding your questions about personal bankruptcy you may find it helpful to review the BANKRUPTCY GENERAL QUESTIONS and PERSONAL BANKRUPTCY QUESTIONS on the Frequently Asked Questions (FAQs) on our website at:

www.starrandstarr.com/faqs.htm

Those address some of the commonly asked questions people considering personal bankruptcy have.

If you would like to have a no obligation telephone consultation after that please feel free to contact me at 8888678165.

Best regards,

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Answered on 10/26/07, 9:37 am
Al Greene Law office of Al Greene

Re: Need help!

It sounds like bankruptcy might be able to help you. Before I could answer your questions, I would need a lot more information about your situation.

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Answered on 10/26/07, 10:16 am


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