Legal Question in Bankruptcy in New York

Re: Need help!

Your creditors are correct: YOU NEED A LAWYER. Get one who is local to you (you can probably get a referral from your county's bar association, or the New York State Bar Association operates a referral service (www.nysba.org)). If you cannot afford a lawyer, you may qualify for your county's legal aid program; give the Legal Aid Society a call to see if you do. They provide free or reduced-fee help to low-income people (and it's GOOD help) with funds that come from the interest on all those escrow accounts that lawyers throughout the state hold. This is not charity; it is not supported by donation or by tax dollars. It is a service to the public provided by the attorneys of the state as a way to give back to the communities that support us.

Bankruptcy is a big decision, and it will stay with you on your credit records for many years (but not forever) after the case is discharged (closed by the court).

"They" need to know everything about your finances -- EVERYTHING. Filing for bankruptcy is a petition asking the court for an order that prevents your creditors from ever initiating or continuing collections actions against you on most debts that you properly declare (there are debts that cannot be discharged in the normal course of events in a bankruptcy case). For the court to grant such a petition, you must tell the court EVERYTHING about your finances. Bankruptcy courts frown on selective reporting of debt and income; bad things happen when courts frown.

Court proceedings are public records, so the fact of your filing for bankruptcy protection will never go away; however, the notice will drop off your credit reports after some years.

You and your attorney will decide on the appropriate course of action in your case, and that decision will determine "what exactly happens."

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.