When you are ready to file bankruptcy in New York, which means that you have fulfilled your credit counseling class and gathered all of the required documents, with the help of your attorney, you are required to file a two-page petition and several other forms which are referred to as schedules. It is of utmost importance to to be entirely forthcoming during this part of the bankruptcy filing process. Failure to do so will jeopardize the outcome of your bankruptcy case.
BANKRUPTCY COSTS IN NEW YORK
When you file for a Chapter 13 bankruptcy in New York, the legal fees that your attorney can charge you are determined by the Court. For the state of New York, the maximum amount that an attorney can charge is $4,100.00
In the case of a Chapter 7 bankruptcy fee, your bankruptcy attorney sets the fee.
AUTOMATIC STAY IN NEW YORK
Automatic Stay is a provision in bankruptcy law that will prohibit creditors from making direct contact with you seeking payment on outstanding debt. It is effective immediately after filing your bankruptcy case. The Automatic Stay may also stop foreclosures, wage garnishments, evictions, restore utility bills and halt any lawsuits that may be filed against you.
BANKRUPTCY TRUSTEE IN NEW YORK
A Trustee, appointed by the Court, will be assigned to your case. In addition to thoroughly reviewing your paperwork, this person will also ensure that your creditors are paid as much you can afford. Your Trustee also has the right to challenge your case. If the Trustee suspects that you may have committed fraud, the action that will be taken depends on the details of the case, the type of fraud that was committed, and who is suspected of committing the fraud. In most cases, bankruptcy fraud also involves bankruptcy crimes which are punishable by up to five years in prison and/or fines. Bankruptcy crimes include:
- Filing fraudulent petitions
- Making false oaths
- Purposely concealing assets
- Filing false claims.
341 MEETING OF CREDITORS IN NEW YORK
After filing for bankruptcy, the court will appoint a Trustee to you case. About a month later, your Trustee will call a 341 meeting to address any issues detected in your paperwork and ask you questions about past financial transactions and property values. It is mandatory for you to attend this meeting. Any objections that arise during the meeting are usually resolved by negotiations; a judge will intervene if an agreement cannot be reached.