Archive for the ‘Jobs and Bankruptcy’ Category

When should I file for Bankruptcy in New York City?

Tuesday, May 11th, 2010

Most of my clients come into my New York City Bankruptcy office and say “I should have done this a while ago and saved myself thousands of dollars.”  They say this and I believe what they’re saying is completely accurate.  The reason is this:  Many people view filing for Chapter 7 Bankruptcy in New York as a completely emotional decision.  They figured that they would “never find themselves in this situation:.  Or some other clients would say that they  felt guilty about discharrging credit card debts when they believed they owed money.  While some others mistankanely believed that they would lose their house, car, jobs, pets (yes im serious), you name it.  The truth is that had they made the step to file for Bankruptcy months earlier, they would saved hundreds and likely thousands of dollars in minimum payments to credit card companies (when mathematically speaking they wouldnt have been able to pay off the balances for decades (yes im serious).  They would have also realized that they could keep their property in almost all instances.  And finally, and I think most importantly, they would start rebuilding their credit almost immediately.  Because thats what bankruptcy allows a client to do.

Look, no one ever thinks they are going to be the ones sitting in a Bankruptcy meeting and having their debts discharged.  Its clearly not a life goal.  But that doesn’t mean that once you are in a situation like this, that you should do everything you can to avoid it, even at your emotional and financial peril.  had clients who weren’t sleeping for months prior to filing.  Clients who refused to use their own checking accounts for fear of having it frozen, or having their wages garnished.  What I’m saying is that Bankruptcy affords you a way out of this financial mess with a very straightforward procedure.  it allows you to restart your financial life, and in all honesty, your entire life, all over again.  So before you fork over your next minimum payment of several hundred dollar to a credit card that you know you’ll never be able to pay Ive off, at least speak to a Bankruptcy attorney as one of your options.

What if you have assets during a Chapter 7 Bankruptcy in Manhattan: Dont be Greedy!

Wednesday, March 3rd, 2010

by:  Daniel Gershburg, Esq.

Lets be real.  No one necessarily wants to file for Chapter 7 Bankruptcy in Manhattan as a first step.  Its obviously a last resort.  You’ve gotten yourself into a ton of debt and there doesnt seem to be a way out.  But you have to take practical steps if you want to move forward during the process if you don’t want any issues.

What am I babbling about?  Well, under the Bankruptcy Code, you have certain exemptions, meaning you can keep a certain percentage of your stuff when you file for Bankruptcy and the creditor and Trustee cannot get their hands on it.  Some examples include $50,000 in home equity in your home, $2400 from a Bank Account, all of your IRA’s, 401k’s etc.  However, lets say you have some cash in the bank above that $2400 and you really need to get this Bankruptcy filed.  Dont hide it or move the money.  Don’t try and be crafty and put it into someone elses account.  Just let it go.  You heard me.  Let it go.

Lets say you had $100,000 in debt.  Not a crazy figure and I see it everyday in my Brooklyn office.  If I told you I could get rid of $100,000 in debt for $5,000, chances are, you’d kiss me (ethically inappropriate under most circumstances.)  However, the problem is many clients will try and save their very last dime from the Trustee, and thats just not a great way to go about doing things.  If you have $7000 in your bank account because you saved a couple of bucks, protect the $2400 and give the rest to the Trustee during the Bankruptcy filing.  The Trustee will be happy, which means less problems, if any, for the Bankruptcy, and for that amount of money you’ve known gotten rid of about $100,000 in debt.

It seems counterintuitive to us.  Why give up money when we can “protect” it.  I get that.  The problem is the amount your protecting as a percentage of the debt you’re being forgiven is minimal.  The trade off is absolutely amazing.  So my advice is not to mess up this amazing tradeoff but trying to keep every last dollar.  It will only cause problems for you and your attorney in the actual case.  Of course, like anything Bankruptcy related, there are many caveats to discuss, but in general I think you get the idea.

Can I file for Chapter 7 Bankruptcy if I live in Midtown Manhattan and make over $100,000 a year?

Wednesday, October 7th, 2009

I am a Manhattan Bankruptcy Attorney and am getting this question more and more from people considering filing for Bankruptcy all over New York City.  So can someone in Manhattan making more than $100,000 file for Chapter 7 Bankruptcy?  Yes.  What?  Yes.

The first Bankruptcy test you’ll go through in New York, or any state for that matter, is the Median Income test.  It is that scary test you keep hearing about.  You know, the one your friend tells you about when he/she says “No they have this new test now.  If you make over a certain amount, you can’t file.”  Like most things your friends say, they are only partially correct.   The current Median Income limit in New York for a family size of one is $$46,523.  For a family size of two (much different than a joint filing or marriage), the amount is about $57,000.

So New York Bankruptcy Attorney man, how in the world can someone filing for Bankruptcy in New York who earns over $100,000 possibly file for Bankruptcy in New York?  The short answer is that Bankruptcy laws allow you to take certain deductions when deciphering if you are qualified to file.  You can take standard IRS deductions that your trusty New York City Bankruptcy Attorney knows about.  You can deduct certain childcare expenses.  Youc an deduct garnishments dealing with taxes.  You can deduct your actual mortgage payments.  You can deduct vehicle ownership expenses.  You can deduct health care expenses.  You can deduct food expenses.  In other words, if you’re earning more than that median income test, you still absolutely have a shot for filing for Chapter 7 Bankruptcy in New York City.

Rather than explaining each and every deduction (and inadvertently putting you into a coma in the process), I would recommend you speak with a New York City bankruptcy lawyer and he/she, if they are worth their weight, will TAKE THE TIME to sit down with you and explain all of this things to you.  This is a great field where attorneys are able to help people in financially stressful situations (and emotionally, physically, etc.)  Make sure you are completely confident about your options.

National Association of Consumer Bankruptcy Attorneys ATTORNEY ADVERTISING: We are a debt relief agency, we help people file for Bankruptcy under the Bankruptcy Code. Past performance is no gaurantee or future results. This Blog/Web Site is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
click to chat