Bankruptcy Chapters – Filing Bankruptcy in New York
Whether in New York or any another state, Bankruptcy Law is a federal law designed to assist individual consumers and businesses facing financial difficulties. With respect to consumer debtors, the goal of a New York bankruptcy lawyer is to help individuals get beyond their financial turmoil and obtain a fresh start.
The bankruptcy process in New York involves a New York bankruptcy lawyer preparing a petition that is to be filed in Federal Bankruptcy Court. The petition contains information concerning an individual’s assets, debts, creditors, monthly income, monthly expenses and financial information. The debtor must include all of its creditors in the petition. Upon the filing of a petition by NYC bankruptcy lawyers, the Federal Bankruptcy Court grants the debtor with an automatic stay. The automatic stay is a provision in the bankruptcy law that prohibits creditors from harassing debtors. Specifically, creditors are prohibited from attempting to collect money or obtain property, starting or continuing lawsuits or foreclosures, freezing bank accounts and garnishing a debtor’s wages. In addition, creditors can no longer make threatening phone calls or send collection letters to a debtor.
For a debtor that is married, it is not required that their spouse file bankruptcy also. Rather, any decision concerning a potential joint bankruptcy filing should be evaluated on the circumstances of a particular case at issue.
An individual’s bankruptcy filing can be reflected on their credit report for up to ten years. That does not mean, that an individual will not obtain credit again. Many lenders in the credit card and mortgage industry do not automatically disqualify an applicant because they previously filed bankruptcy. In addition, it is important to note, that if someone is behind on their bills their credit rating may already be poor. Finding a New York bankruptcy lawyer and filing bankruptcy in NY is often the last option but none the less it serves as an opportunity to remove the burden of debt of one’s shoulders and start over fresh.
In today’s volatile economy, many business owners, small and large, find themselves overburdened by financial difficulties. Under federal law, a person — typically a business or partnership — may attempt to suspend their credit obligations by filing a claim under Chapter 11 of the United States Bankruptcy Code. Usually, a person who files for debt relief in New York under Chapter 11 retains control of their assets and possessions while their enterprise undergoes restructuring. During this time, any litigation that has been brought against the business owner, who under Chapter 11 is referred to as the debtor in possession, receives an automatic stay — or, in other words, is placed on hold until the claim has been resolved. A debtor in Chapter 11 may continue to operate its business while the court proceedings are pending.
The topsy-turvy economic climate of these past few years has made it increasing tough for individuals and families to maintain their financial footing. Unforeseen circumstances (accidents, medical issues, repair bills, etc.) can wreck havoc on even the most carefully prepared budgets. What’s worse is that things like late fees, hiked interest rates or legal troubles can make getting financially back on track seem nearly impossible. Truth be told, sometimes a person really does need a second chance to take control of his or her financial situation.
Contact our office by phone at 888-529-9600 to arrange for a free, initial consultation with a NYC bankruptcy lawyer. We have 3 convenient locations in Midtown Manhattan, Downtown Brooklyn and Melville, Long Island. We have helped clients from all five boroughs, Westchester, as well as Nassau and Suffolk counties.
Remember, “bankruptcy is not the end, it’s a new beginning.”