Queens Bankruptcy Lawyer | Queens Bankruptcy Attorney | What is Bankruptcy? | How to file Bankruptcy | Bankruptcy 101
In the best of times, Queens, New York, is a good place to live. The median value of a house in Queens is about $475,600 and the median household income is around $56,000. The Queens population of just under 2.2 million people boasts a home ownership rate of approximately 52.8%, an unemployment rate of about 7.6%, and less than 14.6% of citizens below the poverty rate. Weekend editions of the Queens Chronicle and the Queens Press offer highlights of some of the fun and interesting sites to see and things to do in the 'Queens', such as the Queens Botanical Garden, Flushing Meadows Corona Park, Queens Zoo, Queens Museum of Art, New York Hall of Science, Alley Pond Park, Louis Armstrong House Museum, Bowne House, Kissena Park, or Juniper Valley Park.
Whichever Queens neighborhood you live in – whether it is
Great Neck, Floral Park, North New Hyde Park, or some other neighborhood – financial hardship can slowly catch up with you or strike unexpectedly through misfortune, an accident, or personal tragedy. It will make even the best city seem like an unbearable place to live. The Empire State had more than 58,000 bankruptcy filings during the 12-month period that ended on March 10, 2010. Only a small percentage of those filings were for businesses; the majority of these were individual bankruptcy filing and some might of, unfortunately, been your neighbors. The bankruptcy laws involve an intricate set of Bankruptcy Rules and Bankruptcy Laws that even a lawyer that is unfamiliar with them will defer to a competent and experienced Queens Bankruptcy attorney. You should not try to handle your Queens bankruptcy alone.
Getting Out of Debt
Bankruptcy tends to be a last resort for most people, but, in fact, it was designed to offer a fresh start from overwhelming consumer debt or business debt. More than 100 years ago, the United States Supreme Court said:
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Bankruptcy laws "are designed to relieve the honest debtor from the weight of indebtedness which has become oppressive, and to permit him to have a fresh start ..." Wetmore v. Markoe, 196 U.S. 68, 56 (1904) |
One of the interesting things about bankruptcy law is that it is Federal law and, therefore, the same law applies if you are in Queens or in Los Angeles. It was designed this way so the law would not change from Queens to The Bronx or from Queens to Fairfax. In the law, this is called "comity".
Unfortunately, out of desperation, many Queens residents try everything they can to avoid having to file bankruptcy (and they do so without first consulting a Queens bankruptcy attorney). They might try a "short sale" of their home to stop a foreclosure or a deed in lieu of foreclosure; they might sign up for debt consolidation or debt settlement; they might return cars to the creditors; or they might even cash out their 401(K) plans.
Sometimes these efforts actually hurt their legal position. Qualifying for a Chapter 7 or Chapter 13 bankruptcy can depend upon particular circumstances, some of which might have been eliminated by a person trying to "fix things" themselves. In other words, by not seeking representation from a Queens bankruptcy attorney or from a Queens bankruptcy law firm, you can actually reduce your chances to clear your debt.
It is best to consult with a Queens bankruptcy lawyer before taking action that might jeopardize your eligibility to file for a certain chapter of bankruptcy.
Bankruptcy Laws Provide Debt Relief for Queens Residents - Can I File for Bankruptcy?
Bankruptcy can put a stop to the collection agency calls. It can stop a wage garnishment and possibly return some of the money garnished prior to filing bankruptcy. Bankruptcy can stop a foreclosure. It can stop repossessions and protect your property and belongings. Queens Bankruptcy law can discharge your debts, offer you a fresh start, and allow you to get back on your feet again.
Before You File for Bankruptcy
| You're Overwhelmed | Collection Agencies are Calling | You're Facing Foreclosure |
| You're Facing Repossession | Your Wages are Garnished | There's Not Enough Money |
After You File For Bankruptcy
| Stop Repossessions | Begins Your Fresh Start | Stays All Lawsuits |
| Stop Foreclosures | Stop Collection Agency Efforts | Stop Garnishing Wages |
It seems like there's no hope.
In 2005, the bankruptcy laws were substantially amended. Under the new laws, those who have the ability to pay are required to pay back at least some of their debts (Ch. 13). But for others, if their income is less than the median income (average income) for their state, they may not be required to pay back all of their debts (Ch. 7). This is a very simple explanation — but there are lots of ifs, ands, or buts to consider. There are some debts that cannot be discharged. A Queens bankruptcy lawyer is essential to help you figure out how you can benefit from the bankruptcy laws and obtain the debt relief you need.
Making a Decision About Filing for Bankruptcy
There are many causes of financial troubles that will bring you to consider bankruptcy as a possible solution. In the Queens and Queens County areas, some of the more common causes of bankruptcy are "underwater" mortgages (also known as "upside down" mortgages) or being drastically behind on mortgage payments; escalating medical bills; loss of income and overwhelming personal debt. Loss of income can be everything from losing a job; to business failure; and the loss of a spouse's income through death or divorce. Once you fall behind in a competitive market like Queens, it can seem impossible to get back up on your feet.
Whether or not a Queens bankruptcy filing is the best solution for you depends on what you want to accomplish. An experienced Queens bankruptcy lawyer can review your situation and help you determine the best course of action.
- Are you trying to save your house (stop a foreclosure)?
- Are you trying to save your car (stop a repossession)?
- Are you trying to eliminate debt (bills that you just can't pay)?
- Do you just need a fresh start?
A Queens bankruptcy lawyer is the best person to help you figure this out. They will review the debts you owe, the property you own, and other financial factors. Then, based on what you want to accomplish, your Queens bankruptcy lawyer will recommend whether you should file for Queens Chapter 7 Bankruptcy or Queens Chapter 13 Bankruptcy (in rare cases, Chapter 11 or Chapter 12).
Common causes leading to financial troubles: |
Mortgages and Foreclosure:In our current economy, one of the main reasons people consider bankruptcy is because they are behind in their mortgage payments, possibly facing foreclosure, and very likely underwater on their mortgage. It is important to know the fair market value of your home. Check with a local realtor, like the ones listed below, for comparison values of similar homes in your neighborhood.
Exit Realty Loss of IncomePerhaps you or your spouse worked for one of these Queens County companies, but lost your job due to cuts or layoffs.
Comfort Inn |
Medical Bills:You may have received excellent care from one of the hospitals in the Queens or Queens County areas, but now you are facing medical bills beyond anything you could ever imagine. Many people who file for bankruptcy do so because of huge medical bills.
Forest Hills Hospital Overwhelming DebtCredit card debt usually makes up a large portion of the average person's debt. But there are many other types of debt: personal loans from banks, rent-to-own furniture, and gambling debts to name a few. Your Queens bankruptcy law firm will explain which of these debts can be 'forgiven' in a bankruptcy case.
Bank Loans:
Rent-to-Own:
Counseling for Gambling: |
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Many small business owners are struggling in today's economy. |
What are the different "chapters" of bankruptcy and which chapter is right for you?
Bankruptcy is federal law and governed by Title 11 of the U.S. Code. Most people refer to Title 11 as the "Bankruptcy Code." Title 11 is divided into chapters. Chapters 1, 3, and 5 address general provisions, case administration, and creditors, debtors, and the estate; these chapters apply to all bankruptcies.
Chapters 7, 9, 11, 12, 13, and 15 of the Bankruptcy Code address specific types of bankruptcies and govern who can qualify for them and how they will be handled by the Court. Every bankruptcy case filed is done so under one of these specific chapters and so they are referred to as a Chapter 7 bankruptcy case or a Chapter 13 bankruptcy case, etc.
It is not necessary to know or understand these different chapters, because a qualified Queens Bankruptcy Attorney will review your situation and advise you of which chapter will produce the best results for you.
Chapter 7 Queens Bankruptcy – The Liquidation Bankruptcy
The basic concept of a Ch. 7 bankruptcy is that the values of all of your belongings are added up, the amounts of any debts you owe and loans against your property (like a car loan) are subtracted, and the amounts you are allowed to keep (exemptions allowed by New York) are also subtracted. What is left over, in theory, will be liquidated and paid to creditors. For most people, there is nothing left over and they have what is called a "no asset" case; they will keep their property and belongings and their debts will be discharged (forgiven).
A Chapter 7 Queens County Bankruptcy Lawyer will also provide advice about whether to keep or surrender assets such as homes, cars, boats, etc. which still have loans against them. Keeping the asset generally means keeping the loan. But a chapter 7 bankruptcy provides Queens residents with the opportunity to surrender these assets and "walk away" from the loans free and clear.
Chapter 13 Queens County Bankruptcy – The “Home Saving / Car Saving” Chapter
A Ch. 13 bankruptcy is used to set up a plan that will allow a Queens resident to pay back some or all of their debts over a 3 to 5 year period. This is a chapter used by people who have assets they want to protect, have regular income, but may have fallen behind on mortgage or car payments. There are also some debts that cannot be discharged in a Ch. 7, they can be discharged a chapter 13. This is something your Queens bankruptcy attorney will help you figure out.
Chapter 13 is also used by people who are not eligible for a Ch. 7 bankruptcy.
Chapter 11 Queens Bankruptcy Lawyer for Reorganization
There is a common belief that Chapter 11 bankruptcies are only used by businesses. It is correct that Chapter 11 is mainly used by businesses, but it can also be used by Queens, New York residents. In some cases, a person might not qualify for Chapter 13 bankruptcy because their debts exceed the Chapter 13 limits. For those people, a Chapter 11 bankruptcy filing may provide an alternative.
A Chapter 11 bankruptcy is known as a reorganization bankruptcy. It is very similar to a Ch. 13 in how the case is filed, but the proposal of how debts will be paid is very detailed.
Chapter 12 Queens County Bankruptcy - Family Farmers and Fishermen
A Chapter 12 bankruptcy is very similar to a Chapter 13: the debtor may repay some or all of his debts over a period of time. While a ch. 13 repayment plan can run as long as five years, a ch. 12 will not last longer than three years.
The biggest difference between the chapter 13 and chapter 12 is that the ch. 12 is only available to family farmers or fishermen.
Chapter 9 Bankruptcy - Municipality
Chapter 15 Bankruptcy - Cross-Border Cases
These two chapters of bankruptcy will not apply to Queens residents as they are not "consumer" bankruptcies. But if you've been watching the news lately and see the reports about towns, cities, counties, and even states that are contemplating filing for bankruptcy, you will begin to hear more about Chapter 9 bankruptcies!
Queens Bankruptcy Law Firms can review your situation and give you the advice you need to get a fresh start!
Serving clients throughout Southern New York, including Astoria, Auburndale, Bayside, Belle Harbor, Bellerose, Breezy Point, Broad Channel, Cambria Heights, Douglastown, Edgemere, Far Rockaway, Flushing (Downtown), Forest Hills Gardens, Glen Oaks, Hillcrest, Holliswood, Hunters Point, Jamaica Center, Jamaica Estates, Kew Gardens Hills, Lefrak City, Little Neck, Malba, Middle Village, Neponsit, Oakland Gardens, Pomonok, Queens, Queensboro Hill, Rego Park, Ridgewood, Rockaway Park, Somerville, South Jamaica, Springfield Gardens, St. Albans, Sunnyside, Utopia, Woodhaven, areas in the vicinity of John F. Kennedy International Airport, LaGuardia International Airport, and other communities in Queens County (Queens).
Contact a Queens Bankruptcy Attorney today for a free initial consultation.
Queens Bankruptcy Attorney & Queens County Bankruptcy Attorney
Financial Problems? Consult a Queens Bankruptcy Lawyer.
The first step to take when considering bankruptcy is to consult with a Queens bankruptcy lawyer. Queens bankruptcy attorneys offer a free initial consultation, so you'll be able to speak with the attorney, discuss your financial problems and explore debt solutions. Bankruptcy laws allow you to eliminate debt and your Queens County Bankruptcy Attorney will explain how this can work for you.
You may hear commercials for other methods of debt assistance from individuals or businesses in the State of New York who are not bankruptcy law firms. Commercials offering debt consolidation, debt settlements, short sales, and credit card debt reduction run on Queens radio stations such as WWPR-FM, WCBS-FM, WSKQ-FM, WQXR-FM and WBBR and Queens County television channels such as WCBS-TV, WABC-TV, WWOR, WPXN-TV and WNYE-TV.
Be careful of offers from unlicensed companies. Get your debt advice from a Queens Debt Relief Law Firm and an experienced Queens Bankruptcy Attorney.
What if I can't afford a Queens bankruptcy attorney?
If you're going to be filing a Ch. 7 bankruptcy, some Queens attorneys will allow you to make payments over a period of time until your fee is paid in full. Most Queens bankruptcy attorneys will not file your Chapter 7 case until the fee has been paid.
In other chapters of bankruptcy, such as Chapter 13, Chapter 11, and Chapter 12, part of the legal fees are paid before filing the case with the court and the balance of the legal fees are included in the bankruptcy plan. This means you will be paying your attorney fees as part of the plan payments. This is a good option if you cannot afford to pay your attorney before you file your bankruptcy case.
There are set filing fees that are set by the United States Bankruptcy Courts. Currently the filing fees are:
| Chapter |
Total Fees Collected at Time of Filing |
| 7 | $299 |
| 11 | $1,039 |
| 12 | $239 |
| 13 | $274 |
Is there a cheaper option than using a Queens bankruptcy lawyer?
When people find themselves with financial problems — a pending foreclosure, garnishment, and/or repossession — they might wonder whether it would be cheaper to hire a non-attorney such as a bankruptcy paralegal or a bankruptcy petition preparer. While these para-professionals, as they are known, can be skilled and knowledgeable about bankruptcy, they do not have the same legal education and training as an attorney.
A very important reason against hiring a non-attorney is that non-attorneys are prohibited by law from offering legal advice (this is known as unauthorized practice of law). Don't make your financial problems worse by putting yourself in a situation where you have no one to ask questions. Consult with a Queens Bankruptcy Attorney who will answer your questions and help you reduce or eliminate your debt.
Can I represent myself in a bankruptcy case? Can I represent myself in court?
Yes. But if the cost of legal fees is the main or only reason you want to represent yourself, consider this: when Congress amended the Bankruptcy Code in 2005 they made it more complicated and mistakes now have greater consequences.
A do-it-yourself bankruptcy may seem to save you money at the beginning of the bankruptcy process. But understand that if you make a mistake in your DIY bankruptcy and don't know how to protect your rights, you could lose some of your property in an amount far greater than what legal fees would have cost.
Do you know enough about the bankruptcy system to adequately represent yourself?
Take this simple test — the terms below are some of the most basic terms used in the various chapters of bankruptcy cases. How many do you know or understand?
( ) Petition
( ) Debtor
( ) Co-Debtor
( ) Automatic Stay
( ) Exemptions
( ) Queens Credit Counseling Agencies
( ) Proof of Claim
( ) Means Test
( ) Disposable Income
( ) Property Values
( ) Secured or Unsecured
( ) Presumption of Abuse
( ) 341 Hearing
( ) Objections to Claims
( ) Discharge
Filling out bankruptcy forms.
You might have been told that bankruptcy is nothing more than filling out forms. There are a lot of forms to fill out in a Queens bankruptcy case, but unlike the 1040-EZ federal income tax form which can be used by individuals with simple financial circumstances there is no "EZ" form in the bankruptcy forms.
Each Queens bankruptcy case commences with the filing of a petition. Accompanying the petition are schedules, statements, forms, and supporting documentation. Here is a list of documents that would be filed by a Queens County resident in a typical Queens Chapter 7 bankruptcy case:
- Petition (indicating the chapter under which the case is being filed)
- Summary of Schedules and Statistical Summary with Declaration Concerning Debtor's Schedules
- Schedule A - list of Real Property
- Schedule B - list of Personal Property
- Schedule C - Claim of Exemptions (this protects certain property according to amounts set forth in New York law)
- Schedules D, E, and F - lists of debts
- Schedule G - list of executory contracts and leases
- Schedule H - list of co-debtors
- Schedules I and J - monthly income and expenses
- Statement of Financial Affairs - a detailed list of questions that must be completed by all debtors
- Debtor's Statement of Intention - surrendering, reaffirming, redeeming secured debts?
- Means Test
- Supporting documents: pay advices, bank statements, tax returns, etc. (varies, depending on the local rules of the Bankruptcy Court)
What could go wrong?
An experienced Queens Bankruptcy Lawyer will give their clients a list of information and documentation that needs to be provided. When a Queens resident attempts to represent themselves in a bankruptcy case they make these same assumptions, but there is no qualified Queens Bankruptcy Lawyer to advise them and set them on the correct course. Here are some examples of common mistakes resulting from making assumptions:
? Not listing ALL creditors because you want to keep a particular credit card or you owe money to a relative and want to pay them back or don't want to tell them about the bankruptcy. There is a specific statute in the bankruptcy code regarding penalties for persons who negligently or fraudulently prepare bankruptcy petitions.
? Not listing ALL assets. This is more likely an honest mistake rather than an attempt to conceal assets.
? Not properly listing or applying allowed exemptions.
? Listing your expenses on Schedule J in amounts you feel you the court would approve, rather than the actual amounts spent each month.
? Over-valuing your personal property.
What Can You Do to Help Your Own Bankruptcy Case?
Consult with and hire an experienced Queens Bankruptcy Law Firm or Attorney.
Even if you read through the federal bankruptcy code and feel you have learned enough about the federal code to represent yourself, there are 94 federal judicial districts that handle bankruptcy matters and each district will have its own set of local bankruptcy rules. Additionally, it is not uncommon for the individual judges within each district to also have their own set of rules for their bankruptcy courtrooms. Queens County Bankruptcy Attorneys are experienced with the local rules of the bankruptcy court and the bankruptcy judges.
Start putting together an accurate valuation of your property.
It can be difficult to estimate the value of your personal property. The court will want to know the value the item could be sold for as of the date of filing, not what it would cost to replace it. Pawn shops and second-hand stores are good sources for getting property values:
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Bell Family Jewelers
5 Borough Pawn
Gem Pawnbrokers Corporation
Kay Jewelers |
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Salvation Army Thrift Store
Salvation Army Thrift Store
Bayside Thrift Shop Ltd
Worthy Pause |
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For values of your real property, contact a local realtor. For values of cars, contact a used car dealer (Carmax, as an example) or check online for the Kelly Blue Book or NADA value. |
Get your tax returns filed
If you have had income for the past few years and have not filed all of your income tax returns, you will be required to do so in order to file for bankruptcy. Contact a local tax return specialist for assistance with filing your returns:
H&R Block
17809 Union Turnpike
Flushing, NY 11366-1633
(718) 380-2324
Nationwide Income Tax
41-40 Union Street
Flushing, NY 11355
(718) 961-0042
Gary B. Carbo CPA
108-22 72nd Avenue #1a
Forest Hills, NY 11375
(718) 263-4228
If you are a do-it-yourself tax preparer, then visit the website for the Internal Revenue Service to obtain the necessary tax forms.
What NOT to do:
Don't transfer assets; don't give things away; don't put your spouse's or kids' names on titles; don't sell stuff and put the cash under your mattress. Don't try to outsmart the system. These "creative" financial maneuvers are all covered in questions on one of the bankruptcy forms called the "Statement of Financial Affairs." This bankruptcy form asks for answers about your financial transactions going back 2, 5 and even 10 years!
It's best to speak with a Queens Bankruptcy Attorney about your situation and receive educated advice about the best course of action you should take. It will also keep you from potentially getting into trouble with the bankruptcy court.
Consult Queens Bankruptcy Lawyers serving Queens County and the Surrounding Areas
Serving clients throughout Southern New York, including Astoria, Auburndale, Bayside, Belle Harbor, Bellerose, Breezy Point, Broad Channel, Cambria Heights, Douglastown, Edgemere, Far Rockaway, Flushing (Downtown), Forest Hills Gardens, Glen Oaks, Hillcrest, Holliswood, Hunters Point, Jamaica Center, Jamaica Estates, Kew Gardens Hills, Lefrak City, Little Neck, Malba, Middle Village, Neponsit, Oakland Gardens, Pomonok, Queens, Queensboro Hill, Rego Park, Ridgewood, Rockaway Park, Somerville, South Jamaica, Springfield Gardens, St. Albans, Sunnyside, Utopia, Woodhaven, areas in the vicinity of John F. Kennedy International Airport, LaGuardia International Airport, and other communities in Queens County (Queens).
Bankruptcy laws are designed to give you debt relief. Contact a Queens Bankruptcy Attorney for a free initial consultation and learn how you can get help with your financial problems.
How to File for Bankruptcy in Queens, Queens County, New York | Bankruptcy Lawyers
Bankruptcy Questions
One of the first questions you'll want to ask your Queens bankruptcy attorney is, "which chapter of bankruptcy is best for me?" You will likely want an immediate answer, but the truth is that it's not possible to give an answer without first reviewing your financial situation and discussing the goals you want to accomplish with bankruptcy.
There are six basic types of bankruptcy provided for in the Bankruptcy Code, but only three types are commonly used by the average person: Chapter 7, Chapter 11, and Chapter 13. The other three types of bankruptcy cases are for more specific purposes: Chapter 12 is for family farmers and fishermen; Chapter 9 is for municipalities; and, Chapter 15 is for cross-border cases.
You must qualify for the chapter of bankruptcy under which you want to file. There are both time requirements (for those who have filed before and/or received a discharge) and requirements regarding whether a chapter is available to individuals or business entities. A qualified Queens Bankruptcy Lawyer will answer the question of "Who May Be a Debtor?" and provide you with the advice of the best bankruptcy chapter for your situation.
Jurisdiction and Venue
If you have moved or changed residence during the 180 days prior to filing for bankruptcy, you may have to file in a different bankruptcy court than the court in the city/district where you are currently living. Military personnel who are stationed in one place, but maintain a residence in may also have jurisdiction issues about where to file their case. A competent Queens Bankruptcy Lawyer will review your residential history and other circumstances and identify the correct bankruptcy court for your case.
Decisions to be made with your Queens attorney while preparing the bankruptcy case
An experienced Queens Bankruptcy Attorney will review your situation and advise you on these topics:
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Exemptions (how to apply the exemptions, both federally and/or in your state, available to you and best protect the property you would like to keep after bankruptcy)
- New York has specific statutes that provide for certain property to be protected. A Queens debt relief lawyer will be fully knowledgeable on these property protection statutes.
- 324. Exemptions from execution
- Lien Avoidance (how to handle any liens against your property; whether or not to redeem or reaffirm liens against property or to surrender property and avoid the lien)
- Executory Contracts and Unexpired Leases (should you assume or keep your agreement for executory contracts and leases or reject them?)
When the decisions have been made and you have provided the required documentation to your Queens Bankruptcy Lawyer, your bankruptcy forms including the petition, schedules, forms, and statements will be prepared for your review and signature.
Your Queens Bankruptcy Attorney will also counsel you about which of your debts cannot or might not be discharged by Bankruptcy Court. Consumer Bankruptcy will not get rid of certain debts. Some debts will survive the bankruptcy process. Under the bankruptcy laws, debts that fall into these major categories may turn out to be non-dischargeable unless you can prove an exception exists:
? Debts you don't list in your bankruptcy filings (11 U.S.C. 523(a)(3)).
? Student loans unless repayment would cause you undue hardship. (11 U.S.C. 523(a)(8)).
? Most federal, state and local taxes (11 U.S.C. 523(a)(1) and any money borrowed on a credit card to
pay those taxes (11 U.S.C. 523 (a)(14)).
? Child support and alimony and debts in the nature of support (11 U.S.C. 523 (a)(5) and 523 (a)(18)).
? Fines or restitution (to the court or victim) imposed in a criminal-type proceeding (11 U.S.C. 523
(a)(7) and 18 U.S.C. 3613).
? Fees imposed by a court for the filing of a case, motion, complaint or appeal or for other costs and
expenses assessed with such filing (11 U.S.C. 523 (a)(17)).
? Debts resulting from intoxicated driving (11 U.S.C. 523 (a)(9)).
? Debts you couldn't discharge in a previous bankruptcy that was dismissed due to fraud. (11 U.S.C.
523 (a)(10)).
There may be a way to get these debts discharged but you absolutely should contact a Queens Chapter 7 bankruptcy lawyer to discuss whether this is possible for your circumstances. On the bright side, filing for bankruptcy will remove most of the burdens of debt from you. You will then be able to more readily pay any of the debts listed above. Further, some of these debts are negotiable.
Credit Counseling and Debtor Education
Before your Queens bankruptcy lawyer can file your bankruptcy case, you will be required to complete credit counseling from a government-approved organization. A credit counseling session can take place in person, online or over the telephone and should last about one hour.
The Federal Trade Commission (FTC) has published a helpful brochure with suggestions of how to select a reputable credit counseling agency. It is important to keep in mind that credit counseling must take place before you file for bankruptcy while a second required course, debtor education, takes place after you file. The two courses cannot be taken at the same time.
Local government-approved credit counseling offices in the Queens area include:
- Consumer Credit Counseling Services of the Gulf Coast 12605 E Freeway #500, Queens
- MMI, 11550 Fuqua #350, Queens
- Money Management Intl, One Greenway Plaza #130, Queens
Filing the Case — Electronic Filing (CM/ECF)
When your documents have been prepared by your Queens Bankruptcy Attorney, you will be asked to review and sign them. Bankruptcy courts in the State of New York use an electronic filing system. Your Queens bankruptcy lawyer will retain the "wet ink" versions of your signed documents, but will transmit an electronic version of your signed documents to the bankruptcy court.
Property of the Estate
A bankruptcy case commences when the petition is filed with the Bankruptcy Court. Upon commencement of the case, an "estate" is created that includes all of the property and equitable interests owned by the debtor at the time of filing.
After the Case is Filed — the Automatic Stay
As soon as your case is filed, an "automatic stay" goes into effect. This is one of the best protections offered by bankruptcy law. An automatic stay stops wage garnishments; it stops foreclosure actions; it stops repossessions and the sale of property recently repossessed. Your Queens bankruptcy law firm will contact your creditors to stop any of these actions as soon as your case is filed.
An automatic stay does not last for an indefinite period of time. Creditors may file a motion to have the automatic stay lifted with regards to their claim. Your Queens bankruptcy lawyer is your best resource for how the automatic stay will benefit your particular financial circumstances.
The Meeting of Creditors (the 341 Meeting)
Bankruptcy law requires that a person filing for bankruptcy attend a meeting of creditors so that the creditors may ask questions about debts and property. This is called the meeting of creditors, or more commonly referred to as the 341 meeting (because of the section of the Bankruptcy Code which requires it). In a typical case, whether it is a chapter 7 or a chapter 13, this is a very brief meeting lasting only a few minutes because most creditors do not attend. If a creditor or creditors attend the meeting, the meeting might last longer but only if the creditors have questions or statements.
The 341 meeting is usually held at the trustee's office or in a conference room type office at the courthouse or some other location. The bankruptcy judge is not present and the meeting is administered by the trustee. (In the majority of cases, most debtors will never appear before the bankruptcy judge as that is only necessary if some sort of objection was raised in the case.)
The meeting room location for bankruptcy cases filed in Queens County is:
Bob Casey Federal Courthouse
515 Rusk Street, Room 3401, Rooms A, B, C, & D, Queens, NY 77002
713-718-4650
Some Queens area creditors who might attend a 341 Meeting include:
Northwest Commercial Bank, National Association
10235 West Little York Road Queens, New York 77241
Rent-A-Center
2435 Fulton ST., Queens NY, 77009
Phone: (713) 862-3781
Swingles Furniture Rental
8648 Glenmont Dr # 170B, Queens NY, 77036-1930
Phone: (713) 782-2300
Creditors file Proofs of Claims
Your creditors will begin to file documents called Proofs of Claims (except in "no asset" cases). Creditors are required to file these written statements within 90 days after the first date set for the creditors meeting. The claims describe the debt owed by the debtor (person who filed for bankruptcy) to the creditor (person/company filing the claim).
Each claim is reviewed by your Queens Bankruptcy Lawyer to verify that the claim is accurate. It is not unusual for a company that processes thousands of these claims every day to file a claim in the wrong case. If you believe that a claim filed against you is incorrect, your Queens Bankruptcy Attorney will file an objection to the claim. If you and the creditor cannot come to an agreement about the claim or its amount, the bankruptcy judge will review the claim and render a decision.
Queens Chapter 7, Chapter 11, Chapter 12, and Chapter 13 Bankruptcy Attorneys serve Queens and its surrounding areas.
Serving clients throughout Southern New York, including Astoria, Auburndale, Bayside, Belle Harbor, Bellerose, Breezy Point, Broad Channel, Cambria Heights, Douglastown, Edgemere, Far Rockaway, Flushing (Downtown), Forest Hills Gardens, Glen Oaks, Hillcrest, Holliswood, Hunters Point, Jamaica Center, Jamaica Estates, Kew Gardens Hills, Lefrak City, Little Neck, Malba, Middle Village, Neponsit, Oakland Gardens, Pomonok, Queens, Queensboro Hill, Rego Park, Ridgewood, Rockaway Park, Somerville, South Jamaica, Springfield Gardens, St. Albans, Sunnyside, Utopia, Woodhaven, areas in the vicinity of John F. Kennedy International Airport, LaGuardia International Airport, and other communities in Queens County (Queens)..