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Bankruptcy, Debt & Real Estate Lawyers
Chapter 11 & Chapter 13 Bankruptcy Attorneys in QueensAre you looking to file Chapter 13 or Chapter 11 bankruptcy? Do you have over 5,000 dollars in debt? You have came to the right place. David Alishaev has helped many residents in the Queens area take advantage of their legal right to declare bankruptcy. You have nothing to lose and everything to gain. Bankruptcy is the second chance that you have been waiting for. Visit our Queens Bankruptcy lawyers offices today and you can be on you way to financial freedom. We have an office located in Forest Hills and downtown Brooklyn. Filing for bankruptcy will give you the financial freedom you desire and get the debtors off your back.
Facing Real Estate Foreclosure Debt in NYBuying a home is not simple and many patrons in NYC have massive amounts of debt. Sometime the debt is so big that it forces one into foreclosure. David Alishaev is an expert in dealing with debts and creditors and will help you avoid foreclosure. In recent years, real estate debt lawyers have been very busy dealing with all the foreclosures in the some of the less affluent areas of Queens NY. One of the methods we use to save your real estate from getting foreclosed is short sales. The bank knows that you have no money to pay for the house and are often willing to let you do a quick sale that will save you a lot of money.
Chapter 7 Bankruptcy: What Happens If You Don’t Do It Right?
Most of those who file for bankruptcy expect that most of their debts can be wiped out. Unfortunately, some debts cannot be discharged in Chapter 7 bankruptcy. When debts are considered nondischargeable, the creditor can continue collecting from the debtor even when bankruptcy has been filed.
First of all, make sure to follow procedures and file for bankruptcy properly. Failure to follow the procedures and rules for bankruptcy may lead to denial of a Chapter 7 petition or leave you with debt that could have been discharged but wasn’t.
The debtor will have to challenge discharging the debts that are listed in the 19 categories and the creditor may object to it. If the court agrees to the creditor's claim, the debt may not be discharged.
In Chapter 7 bankruptcy, there is a need to abide by the provisions of the Bankruptcy Code and the debtor needs to know that they do not have all the rights to debt discharge. Section 727(a) has listed some of the reasons why debt discharge may be denied. Most of the reasons for denial involve the debtor's compliance with the rules and procedures of bankruptcy. Failure to follow certain bankruptcy rules may mean an objection to the whole Chapter 7 discharge. If the court rules that the discharge be denied, there is a big possibility that none of the debts will be discharged including those that have been originally considered dischargeable.
Congress has identified some debts that are not eligible for discharge based on its nature. These debts may have been incurred due to unlawful conduct. Most of the debts listed in the 19 categories are outright nondischargeable unless there are exceptional circumstances.
Examples of debts deemed automatically nondischargeable include:
Alimony/child support/spousal debts;
Penalties and fines due to government agencies;
Debts due to child or a former spouse that arose out of separation or divorce;
Cooperative housing or condo fees;
Child custody and support;
And other court fines and penalties incurred.
Some debts are always nondischargeable and no court hearing is needed to exempt them to become dischargeable. If the debtor can provide highly unusual and exceptional circumstances, this would be the only time that the policy can be changed.
Some reasons why the court may deny a Chapter 7 discharge include:
Incomplete personal financial management course attendance;
Lack of required tax documents;
Lack of records or books (due to being destroyed or hidden);
Defrauding creditors by transferring or hiding property;
Violation of court order;
And other fraudulent acts during the filing of the bankruptcy case.
If you plan to file for Chapter 7 bankruptcy, it is best to consult a bankruptcy lawyer to determine your chances of success in terms of having as much of your debts discharged or minimized as possible. A bankruptcy attorney can provide advice regarding your debts and can greatly assist with the process of filing for bankruptcy.
The importance of properly filing for dischargeable debts and adhering to the provisions of the bankruptcy law cannot be stressed enough. A debtor must know these provisions and make sure to comply with all obligations and a bankruptcy attorney can help immensely.