Legal Question in Bankruptcy in New York

Re: Public housing exemption

11 U.S.C. � 525 states, in relevant part:

"(a) ...a governmental unit may not deny, revoke, suspend, or refuse to renew a license, permit, charter, franchise, or other similar grant to, condition such a grant to, discriminate with respect to such a grant against, deny employment to, terminate the employment of, or discriminate with respect to employment against, a person that is or has been a debtor under this title or a bankrupt or a debtor under the Bankruptcy Act, or another person with whom such bankrupt or debtor has been associated, solely because such bankrupt or debtor is or has been a debtor under this title or a bankrupt or debtor under the Bankruptcy Act, has been insolvent before the commencement of the case under this title, or during the case but before the debtor is granted or denied a discharge, or has not paid a debt that is dischargeable in the case under this title or that was discharged under the Bankruptcy Act."

As you see, this does not apply specifically to public housing inhabitants, but its provisions may be applicable to your case. Your attorney will be able to counsel you as to the applicability of this section of the bankruptcy code to your case and as to how to best protect your HUD subsidy in bankruptcy.

If you are in or near New York's Capital District, please feel free to give my office a call for a free 1/2 hour consultation. Or, bankruptcy attorneys abound; you can find a referral, if you need one, through your county's bar association or the NYS Bar Association. I wouldn't just close my eyes and point to the Yellow Pages; you want someone about whom you know something.

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.

Re: Public housing exemption

I do agree with the previous answer.

In my experience of over 35 years, I have never had the problem arose.

The Public Housing Authorities are very easy to work with. If I have any questions whatsoever, I will contact the Public Housing Authority attorneys and see what their position is. It would make filing of Bankruptcy a stress free situation.

If you live in the Western New York Area, please feel free to contact us.