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AV Preeminent Peer Rated Attorneys
Tappan Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Tappan 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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  • 5009 Broadway, Apt. 604, New York, NY 10034-1640

  • 7 Woodland Avenue, Larchmont, NY 10538

  • 410 Park Avenue, 15th Floor, New York, NY 10022

  • 633 Lydig Avenue, Bronx, NY 10462

  • 300 Cadman Plaza West, Brooklyn, NY 11201

  • 91-31 Queens Blvd., Ste. 518, Elmhurst, NY 11373

  • 90 Broad St., 18th Fl., New York, NY 10004-2205

  • 11023 70th Rd., Forest Hills, NY 11375-3933

  • 203-20 Linden Boulevard, St. Albans, NY 11412

  • 500 Mamaroneck Avenue, Harrison, NY 10528

  • 903 Sheridan Ave., 2nd Fl., Bronx, NY 10451

  • 38-72 13th Street, Long Island City, NY 11101

  • 262 W. 38th Street., Suite 1007, New York, NY 10018-9170

  • 447 6th St., 4th Fl., Brooklyn, NY 11215

  • 1133 Broadway, New York, NY 10010

  • 2 Sutton Plz. S., New York, NY 10022

  • 1250 Broadway, Ste. 3701, New York, NY 10001

  • 777 Pelham Rd., Apt. 5C, New Rochelle, NY 10805

  • 25 W. 32nd St., Rm. 603, New York, NY 10001-3806

  • 6 Grace Avenue, Suite 202, Great Neck, NY 11021

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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.

I stand to inherit from my parent’s estate. Will this affect my Ch. 13?

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Answered by attorney Theodore L. Araujo (Unclaimed Profile)
Bankruptcy lawyer at Theodore Lyons Araujo
The inheritance is property of the Chapter 13 estate. You may use the funds (must use) to pay off creditors unless the Trustee or the Court determine that some or all of the proceeds are exempt. There are few reasons why the inheritance would be exempt and all of it is usually treated as disposable income that must be paid into the Plan. There are exceptions like inherited IRA's.
The inheritance is property of the Chapter 13 estate. You may use the funds (must use) to pay off creditors unless the Trustee or the Court determine that some or all of the proceeds are exempt. There are few reasons why the inheritance would be exempt and all of it is usually treated as disposable income that must be paid into the Plan. There are exceptions like inherited IRA's.
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How do I wipe a student loan off my record?

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Answered by attorney Jeffrey Pat Heineman (Unclaimed Profile)
Bankruptcy lawyer at Heineman Law Office
You must file a bankruptcy, and then file an adversary proceeding, based on that bankruptcy, in the U.S. Bankruptcy Court. Case law on this issue has created a test to evaluate whether your loan can be eliminated or possibly reduced. The test is a little complicated, and it takes into account your current situation, your future income potential, your age, your health, your cost of living, etc.. In short, it evaluates everything. To fight this matter can be expensive. The attorney fees will likely exceed $10,000.00, and very possibly much more. Student loan companies fight these matters to the bitter end, usually. The last one I assisted on had legal fees of over $20,000.
You must file a bankruptcy, and then file an adversary proceeding, based on that bankruptcy, in the U.S. Bankruptcy Court. Case law on this issue has created a test to evaluate whether your loan can be eliminated or possibly reduced. The test is a little complicated, and it takes into account your current situation, your future income potential, your age, your health, your cost of living, etc.. In short, it evaluates everything. To fight this matter can be expensive. The attorney fees will likely exceed $10,000.00, and very possibly much more. Student loan companies fight these matters to the bitter end, usually. The last one I assisted on had legal fees of over $20,000.
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What happens when cash advances or large charges are made on a credit card before filing chapter 7 bankruptcy

Answered by attorney Michael D. Siegel
Bankruptcy lawyer at Siegel & Siegel, P.C.
The creditor and/or trustee will question if you had a genuine intent at the time of the charge to pay it back.  If during the lookback period, the burden is on you to prove it was not fraud.  Never do this, as if makes a good bankruptcy into a bad one.  You are not the first one to think of this idea.
The creditor and/or trustee will question if you had a genuine intent at the time of the charge to pay it back.  If during the lookback period, the burden is on you to prove it was not fraud.  Never do this, as if makes a good bankruptcy into a bad one.  You are not the first one to think of this idea.
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