Chapter 7: Make a Fresh Start! When it comes to Bankruptcy, many people don't know that they most likely WILL be able to keep their home, their car, their bank accounts, and their income, while wiping out their unwanted credit card debt, judgments and medical bills, and put an end to the wage garnishment. We can take care of all of this for our clients, and give them a fresh start.
The laws have changed! You may qualify even if you have equity in your home, cars or have cash accounts!!
Chapter 13: Get Back on Track! Even if you do not qualify for a Chapter 7, we are able to arrange a Chapter 13 payment plan, whereby a portion of the debt is repaid, through the Plan, over a period of years. If your debts are becoming overwhelming, and you are being harassed by creditors, I will prepare your Bankruptcy filing and get you IMMEDIATE relief from creditors frozen bank accounts and wage garnishment.
NYS Bankruptcy Court now allows Debtors to chose NY or Federal BK exemptions for protecting their assets in Ch 7 Cases:
NYS vs. Federal BK Exemptions are below:
NYS: (as of 2017) FEDERAL: ( as of 2017)
Car - $ 4,500 per debtor $3,775 per debtor
House - $165,550 per owner $23,675 per owner
Cash/household - $5,000 total $ 11,050 total ($5,525 per debtor)
Wildcard*: up to $1,100.00 up to $13,100
The Wildcard exemption is only available when the homestead exemption is NOT USED. This will enable clients to save items like cars, boats, campers and other personal belongings that previously might have been lost to the Trustee (to be sold and given to pay creditors).
BANKRUPTCY QUICK START INFO
The Bankruptcy Abuse Prevention & Consumer Protection Act of 2005 requires that I obtain the following documentation from you in order to file your case:
1. Bring in your Photo Identification and Social Security Card. If you do not have your social security card then bring another form of identification card that has your social security number, such as a medical insurance card.
2. One new or old bill from each credit card or other creditor to whom you owe money. If you are missing a bill, then write down the creditors name and address and amount owed to that creditor. If you feel that you need a Credit Report, I can order one for you, or you can order a free one at: http://www.annualcreditreport.com
3. Obtain ALL Pay Stubs from each Job that you have received for the past Sixty Days. If you are self employed, then bring in documents showing your income. Also, bring in One Bank Statement for each bank account
4. List of the amount of monthly income that you have received for Each Month, for the Past Six Months.
5. Two Years Tax Returns. If you misplaced them, then order a free Tax Return Transcript from the IRS, by calling them at (800) TAX-1040 or by filling out the IRS form f4506t. You may have them fax the tax transcript to my fax number. You must have filed your most recent tax return in order to be eligible to file for bankruptcy.
6. If you own a Car or other Vehicle, bring in the Title to the car; a document that lists the name and address of the lender (if any), along with the total amount that you still owe to the lender. Also do a search for your vehicles blue book sale value at http://www.kbb.com.
7. If you owe the IRS Taxes, then Call them at (800) TAX-1040 and order the free MFTRA printout for each of the years that you may owe taxes for. Your taxes may be dischargeable.
8. Obtain bills that show the amount that you pay monthly on rent, utilities, and other large expenses.
9. You are required to complete a pre-bankruptcy credit counseling class either over the Internet, Telephone, or In Person, before filing for bankruptcy. Bring in your completion certificate to my office. You may choose from the list of certified providers from the United States Trustee. If you have not already done so – I can help you with fulfilling this requirement.