The New York Request For Waiver of Debtors Duty To Comply With Credit Counseling Requirement (And Order) is a form used by debtors in New York State who are filing for bankruptcy protection. This form waives the requirement of filing for credit counseling prior to filing for bankruptcy protection. This form is used to waive the debtor’s duty to comply with the credit counseling requirement and outlines the reasons the debtor is requesting a waiver. There are two types of New York Request For Waiver of Debtors Duty To Comply With Credit Counseling Requirement (And Order): 1. Request For Waiver of Credit Counseling Requirement: This form is used to waive the debtor’s duty to comply with the credit counseling requirement prior to filing for bankruptcy protection. The debtor must explain why they are requesting a waiver and provide evidence to support their claims. 2. Order Waiving Credit Counseling Requirement: This form is used to order the court to waive the requirement of filing for credit counseling prior to filing for bankruptcy protection. It must be signed by the judge and is only granted in special circumstances.
New York Request For Waiver of Debtors Duty To Comply WIth Credit Counseling Requirement (And Order)
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Filing Chapter 13 Bankruptcy Chapter 13 allows debtors to repay all, or a significant portion, of their debts in 3-5 years under a court-ordered plan. The most common debts discharged in a Chapter 13 proceeding are medical bills, credit card debt and personal loans.
When you complete your Chapter 13 repayment plan, you'll receive a discharge order that will wipe out the remaining balance of qualifying debt. In fact, a Chapter 13 bankruptcy discharge is even broader than a Chapter 7 discharge because it wipes out certain debts in Chapter 7 bankruptcy.
Any bankruptcy filing could also negatively impact your credit for some time. A Chapter 13 bankruptcy can remain on your credit report for up to 10 years, and you will lose all your credit cards. Bankruptcy also makes it nearly impossible to get a mortgage if you don't already have one.
Also do not not incur debt, use credit, credit cards, or enter into leases while in Chapter 13 without Bankruptcy Court approval, except in the case of an emergency for the protection and preservation of life, health or property. Contact your attorney if you need to sell property or incur debt.
Debts dischargeable in a chapter 13, but not in chapter 7, include debts for willful and malicious injury to property, debts incurred to pay non-dischargeable tax obligations, and debts arising from property settlements in divorce or separation proceedings.
A case filed under chapter 11 of the United States Bankruptcy Code is frequently referred to as a "reorganization" bankruptcy. Usually, the debtor remains ?in possession,? has the powers and duties of a trustee, may continue to operate its business, and may, with court approval, borrow new money.
The discharge releases the debtor from all debts provided for by the plan or disallowed (under section 502), with limited exceptions. Creditors provided for in full or in part under the chapter 13 plan may no longer initiate or continue any legal or other action against the debtor to collect the discharged obligations.