Cash advances taken shortly before filing bankruptcy can be problematic for the debtor. Some creditors will file an adversary proceeding if they believe the cash advance is nondischargeable. This type of adversary proceeding is basically a lawsuit against you to determine the dischargeability of the cash advance. It must be defended like any other lawsuit or a default judgment will be taken against you. This type of action is by no means a slam-dunk for the creditor. However, some cash advances are presumed nondischargeable. This basically makes it easier for the creditor to make their case. Therefore, it would be wise to mention cash advances you have taken to your bankruptcy attorney before he of she files your bankruptcy case.
We proudly assist residents of Long Island (Nassau county, Suffolk county) and New York City (Queens, Brooklyn, Bronx, Staten Island, Manhattan) with their bankruptcy filings.
Call (516) 858-2620 to arrange a FREE consultation with a bankruptcy attorney!
Can you handle your own bankruptcy, divorce, eviction and/or foreclosure defense?
Sure!
Should you?
Depends.
We have been receiving more and more calls and visits from individuals whose do-it-yourself legal representation went awry. These individuals have filed their own bankruptcy petition, started to defend their own foreclosure action, filed their own divorce petition or have tried to evict a tenant. We are usually asked if we can salvage their case by fixing the mistakes that were made. Sometimes we can, sometimes we can’t.
We are certainly not against people handling their own legal matters. We are all for people saving a buck in this economy. There are certainly situations where you can handle your own legal matter without any problems at all. However, you should be fully aware of the potential consequences you face should things not go so well.
Here are some of the potential consequences you face if you fail to properly follow procedure and/or the law when handling your own divorce, tenant eviction, bankruptcy filing, or foreclosure defense:
Eviction
- Your case is dismissed (you have to start all over. You likely lose time and money)
- Treble damages for an illegal eviction
- Jail for an illegal eviction
Bankruptcy
- Case dismissed for failing to follow law or procedure
- Loss of non-exempt property
- Denial of discharge
- Adversary proceeding brought against (usually alleging non-dischargeability of debt)
- Jail for fraud
Foreclosure Defense
- Your answer is treated as a notice of appearance
- Loss of meritorious defenses
- Loss of your home
Divorce
- Dismissal of petition
- Unnecessary delay
- Loss of marital assets and spousal support
The above is not meant to dissuade you from doing any of the above on your own. It is simply meant to give you an idea of some potential consequences you might face. It might be a good idea to consult with a knowledgeable attorney before making a final decision on self-representation. You may find that the potential savings are not that great and that you could actually end up losing lots of money and time if things go wrong.
No matter what you decide to do, we wish you well. All the best!
As always, The Law Firm of VAUGHN & WEBER, PLLC is here to assist you. We are conveniently located in the heart of Nassau County, Long Island, at 217 Willis Avenue in Mineola, NY. Contact us at (516) 858-2620 to speak with an attorney.
Will I lose my home or car if I file for chapter 7 bankruptcy?
Usually not.
In most cases you will not lose your home or car during your bankruptcy case as long as you can exempt the equity, if any exists, in your home or car. In New York, a person is currently allowed a fifty thousand dollar ($50,000.00) homestead exemption and a twenty-four hundred dollar ($2,400.00) motor vehicle exemption. If the property is exempt it may not be taken by the trustee.
However, bankruptcy does not automatically make a valid lien, mortgage or other security interest go away. Therefore, if you don’t make your payments on that debt, the creditor may be able to take and sell your home or car, during or after the bankruptcy case. Technically, a creditor can repossess your car even if your payments are current. The law requires you to redeem, surrender or reaffirm the vehicle (your bankruptcy attorney should advise you about this issue).
As always, The Long Island Bankruptcy Law Firm of VAUGHN & WEBER, PLLC is here to assist you. We are conveniently located in the heart of Nassau County, Long Island, at 217 Willis Avenue in Mineola, NY 11501. Contact us at (516) 858-2620 to arrange a consultation with a bankruptcy Attorney.
Please visit our Bankruptcy category to learn more about filing bankruptcy.
Remember: The law often changes, and each case is different. The above is meant to give you general information, and not to give you specific legal advice.
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