AV Preeminent Peer Rated Attorneys
Vernon 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
Vernon Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Vernon 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).

Peter M. Hobaica, LLC

4.7
12 Reviews

  • 2045 Genesee Street, Utica, NY 13501-5927

  • Law Firm with 3 lawyers2 awards

  • Representing People Who Are Seriously Injured

  • Bankruptcy LawyersPersonal Injury, Medical Malpractice, and 74 more

  • Free Consultation

Peter W. Hobaica
Bankruptcy Lawyer
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Additional Resources

Looking for Bankruptcy Lawyers in Vernon?

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
78 %

76 Client Reviews

PEER REVIEWS
4.3

193 Peer Reviews

User Resources

Lawyer Resources

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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Can a landlord file eviction if a person is under chapter 13?

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Answered by attorney Stella Anne Havkin (Unclaimed Profile)
Bankruptcy lawyer at Law Offices of Glenn T. Litwak
Yes for post filing rent. You have to stay current in the rent but you can try and amend the plan to catch up on the rent.
Yes for post filing rent. You have to stay current in the rent but you can try and amend the plan to catch up on the rent.

Can you file chapter 13 after a chapter 7?

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Answered by attorney Theodore L. Araujo (Unclaimed Profile)
Bankruptcy lawyer at Theodore Lyons Araujo
You can file but you may not be able to get a discharge depending on the time frame. While you must wait at least 8 years between filing two chapter 7 (11 USC ? 727(a)(8)) bankruptcies (assuming you got your discharge) you need only wait two years between Chapter 13 cases (11 USC ?1328(f)(2)) 4 years between a 7 and a 13 (11 USC ? 1328(f)(1)) and six years between a 13 and a 7 (if the percentage to the unsecured creditors was under 70%) (11 USC ? 727(a)(9)). Please make sure you consult an attorney because you must fall under the definition of a debtor and you may have to take extra steps not normally performed in a Bankruptcy in order to make sure you are protected by the automatic stay (11 USC ? 362 et seq.) These times may also be greatly shortened if you did not get a discharge in the first case.
You can file but you may not be able to get a discharge depending on the time frame. While you must wait at least 8 years between filing two chapter 7 (11 USC ? 727(a)(8)) bankruptcies (assuming you got your discharge) you need only wait two years between Chapter 13 cases (11 USC ?1328(f)(2)) 4 years between a 7 and a 13 (11 USC ? 1328(f)(1)) and six years between a 13 and a 7 (if the percentage to the unsecured creditors was under 70%) (11 USC ? 727(a)(9)). Please make sure you consult an attorney because you must fall under the definition of a debtor and you may have to take extra steps not normally performed in a Bankruptcy in order to make sure you are protected by the automatic stay (11 USC ? 362 et seq.) These times may also be greatly shortened if you did not get a discharge in the first case.
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