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Bath Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
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AV Preeminent Peer Rated Attorneys
Bath Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Bath Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).

Cooper and Smith

4.8
1702 Reviews

  • Serving Kanona, NY

  • Law Firm with 59 lawyers2 awards

  • Please come see us in New Providence for further clarification regarding the cases. Our Attorneys welcome all.

  • Bankruptcy LawyersEnvironmental Law, Family Law, and 16 more

  • Offers Video

  • Appointments Available

Eugene F. Small
Bankruptcy Lawyer
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Looking for Bankruptcy Lawyers in Bath?

Bankruptcy lawyers help individuals and businesses find relief from overwhelming debt. They analyze your financial situation and guide you through processes like Chapter 7 liquidation or Chapter 13 reorganization. Their goal is to stop creditor harassment, protect your assets, and provide a legal path to a fresh financial start.

About our Bankruptcy Lawyers Ratings

The average lawyer rating is created by peers based on legal expertise, ethical standards, quality of service, and relationship skills. Recommendations are made by real clients.

CLIENT RECOMMENDED
88 %

1730 Client Reviews

PEER REVIEWS
4.3

173 Peer Reviews

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Commonly Asked Bankruptcy Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

My ex wife discharged the mortgage in ch 7 I filed and reaffirmed she now thinks I need to refinance to get her off mortgage so she can buy a house

William Eugene Maddox
Answered by attorney William Eugene Maddox (Unclaimed Profile)
Bankruptcy lawyer at William E. Maddox, Jr. LLC, Attorney at Law
There should be no need for you to refinance.  Secured debt that is not reaffirmed, such as a mortgage, should reflect on your wife's credit report as 'included in bankruptcy' and show a $0 balance, and not drop off her credit for approximately 7-10 years.  She should dispute the reporting online with the credit bureaeus if this is not how it is being reported.  Some companies will delete the reporting all together but that is not required.   Anyone running her credit for the pupose of obtaining a mortgage should understand the non reaffirmed debt reporting and understand that she is not responsible for the debt.  She will likely have to provide a copy of the discharge order and possibly a copy of the petition and Statement of Intent which states her surrender of her interest in the property/mortgage.
There should be no need for you to refinance.  Secured debt that is not reaffirmed, such as a mortgage, should reflect on your wife's credit report as 'included in bankruptcy' and show a $0 balance, and not drop off her credit for approximately 7-10 years.  She should dispute the reporting online with the credit bureaeus if this is not how it is being reported.  Some companies will delete the reporting all together but that is not required.   Anyone running her credit for the pupose of obtaining a mortgage should understand the non reaffirmed debt reporting and understand that she is not responsible for the debt.  She will likely have to provide a copy of the discharge order and possibly a copy of the petition and Statement of Intent which states her surrender of her interest in the property/mortgage.
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How do I get by attorney to add asset to schedules in chapter 13 bankruptcy?

Richard B. Jacobson
Answered by attorney Richard B. Jacobson (Unclaimed Profile)
Bankruptcy lawyer at Richard B. Jacobson Associates, LLC
It sounds like your lawyer is lazy and perhaps inexperienced. Those of us who have worked with foreclosures and real estate and bankruptcy for quite a few years learn about the kind of situation you mention. I suggest you find another lawyer. Failing that, instruct your lawyer to amend your schedules A and C (at least) to list, on A, the property with its legal description, and on C, that it is exempt (if it is, as seems likely). You'll have to sign the amendment. If this bird will not do it for you promptly (if you give him the legal description it should take twenty minutes or so if he knows his business), either do it yourself or definitely have another lawyer take over. Good Luck.
It sounds like your lawyer is lazy and perhaps inexperienced. Those of us who have worked with foreclosures and real estate and bankruptcy for quite a few years learn about the kind of situation you mention. I suggest you find another lawyer. Failing that, instruct your lawyer to amend your schedules A and C (at least) to list, on A, the property with its legal description, and on C, that it is exempt (if it is, as seems likely). You'll have to sign the amendment. If this bird will not do it for you promptly (if you give him the legal description it should take twenty minutes or so if he knows his business), either do it yourself or definitely have another lawyer take over. Good Luck.
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If I file for bankruptcy, will that protect me from further activity from the collection agency?

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Answered by attorney Dorothy G. Bunce (Unclaimed Profile)
Bankruptcy lawyer at A Fresh Start
I cannot give you a blanket assurance that the judgment will not be renewed if you file bankruptcy. If you file bankruptcy before a judgment is renewed, any action to do this would be what is called a STAY VIOLATION and the creditor can be punished, if the creditor knew about the bankruptcy in time. But frankly, a judgment lasts much longer than the time between March 2011 and now, so I suspect you have either your facts or the law confused. So clearly, you should be meeting with an experienced bankruptcy attorney to make sure your case is resolved smoothly.
I cannot give you a blanket assurance that the judgment will not be renewed if you file bankruptcy. If you file bankruptcy before a judgment is renewed, any action to do this would be what is called a STAY VIOLATION and the creditor can be punished, if the creditor knew about the bankruptcy in time. But frankly, a judgment lasts much longer than the time between March 2011 and now, so I suspect you have either your facts or the law confused. So clearly, you should be meeting with an experienced bankruptcy attorney to make sure your case is resolved smoothly.
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