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New York Eastern District Bankruptcy Guide and Forms Package for Chapters 7 or 13

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New York
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NY-BANKR-2
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Uniquely packaged forms and information for Chapter 7 or 13 bankruptcies, including detailed instructions and other resources. Click and view the Free Preview for the latest revision dates and a complete overview of contents.

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FAQ

There is no threshold amount that you need to reach to file a bankruptcy. Some chapters of bankruptcy have debt limits, but there is no such thing as a debt minimum. That being said, you certainly can and should evaluate if filing a bankruptcy makes sense in your current situation.

In general, attorney fees for a Chapter 7 bankruptcy range from $1,000 to $3,500 depending on the complexity of the case. Larger firms with more advertising and overhead costs sometimes charge more than a solo practitioner, but not always.

You can earn significant monthly income and still qualify for Chapter 7 bankruptcy if you have many expenses, such as a high mortgage and car loan payments (although they must be reasonable), taxes, and other expenses. Read on to determine if you can pass the means test and file for Chapter 7 bankruptcy.

Collect Your New York Bankruptcy Documents. Take Credit Counseling. Complete the Bankruptcy Forms. Get Your Filing Fee. Print Your Bankruptcy Forms. Go to Court to File Your Forms. Mail Documents to Your Trustee. Take Bankruptcy Course 2.

Any individual, even if self-employed or operating an unincorporated business, is eligible for chapter 13 relief as long as the individual's unsecured debts are less than $394,725 and secured debts are less than $1,184,200.

You must have regular income. Your unsecured debt cannot exceed $394,725, and your secured debt cannot exceed $1,184,200. You must be current on tax filings. You cannot have filed for Chapter 13 bankruptcy in the past two years or Chapter 7 bankruptcy in the past four years.

The main difference between Chapter 7 and Chapter 13 is that a Chapter 7 will allow the debtor to eliminate all dischargeable unsecured debt, whereas the Chapter 13 would allow for payments to be made on those debts.And why does bankruptcy, a legal means of getting out of debt, have such a stigma attached to it?

How much does it cost to file for bankruptcy? As of January 2018, it costs $335 for court fees to file for bankruptcy under Chapter 7 and $310 to file for bankruptcy under Chapter 13. The court will not likely waive the filing fees even if you are very low income.

Chapter 7 bankruptcy is a liquidation where the trustee collects all of your assets and sells any assets which are not exempt. (see New York Exemptions) The trustee sells the assets and pays you, the debtor, any amount exempted.

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New York Eastern District Bankruptcy Guide and Forms Package for Chapters 7 or 13