Legal Question in Bankruptcy in New York

Re: bankruptcy/judgements

OK. One at a time.

If you have lived in NY for 180 days before you file bankruptcy, the federal courts in NY have jurisdiction (bankruptcy is a federal action that is governed only in a limited way by state law), and NY law applies. If you have not lived in NY for 180 days but no longer live in AZ, you're in sort of a no-man's land and it's hard to know which law applies (the easiest thing to do is to wait the 180 days before filing to be sure you're working with NY law).

Which chapter of the bankruptcy code you should file under is WAY to complex a topic for this board. You need to hire an attorney who is geographically close to you and take his or her advice (the county bar associations often have lawyer referral services, and the NYS Bar Association has a referral service (www.nysba.org). If you cannot afford an attorney, you may qualify for help from the Legal Aid Society in your county. You can find them in the Yellow Pages. They have strict guidelines that they must follow to determine who qualifies for their help, but you'll never know if you qualify for their (free or low-cost) excellent help if you don't ask them, so give them a call.

Should you bother to -- file bankruptcy? That depends on many factors that you have not disclosed. Again, talk with your attorney and follow his/her advice.

Can the bank take one of the paid-for vehicles? In most cases, no, but there are exceptions. Again, talk with your attorney.

Bankruptcy can get judgments against you lifted, both under federal law and under state law in NY.

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.