If You’re Looking for Queens Bankruptcy Lawyer, Then You Should Contact the Law Office of Richard Kistnen
Do you live in Queens and you’re thinking about filing for bankruptcy? Do you want to put an end to all the creditor harassment? Has a creditor commenced litigation against you? Did you receive a notice of a wage garnishment? If any of these things apply to you, then you should look for a Queens Bankruptcy Lawyer.
What do I have to do to file chapter 7 bankruptcy?
One of the most important reasons people file bankruptcy is debt relief, and receiving bankruptcy protection with the automatic stay and discharge. It’s the combination of these two protections provided by the Bankruptcy Code that help people obtain financial freedom with a fresh start.
Getting started with the bankruptcy process is not too complicated. There are documents that have to be prepared and filed. You can download most of these forms from the court website. As an attorney, I have software that makes preparing the petition quick and easy, and so by hiring a Queens Bankruptcy Attorney, your paperwork can generally be prepared and ready for filing much more quickly.
One of the main documents is the petition, which has includes very basic information about you and your case. People that file bankruptcy are referred to as debtors. In addition to the petition, there are schedules. It’s in these schedules where you will list most of your assets, liabilities, income and expenses.
You will also have to prepare a creditor matrix. This is a document that lists all of your creditors names and addresses. For a Queens Bankruptcy, this document has to be prepared in a text document (.txt) and printed out to be submitted online.
One of the other requirements to file for bankruptcy here in Queens will be the credit counseling certificate. Every individual that files a bankruptcy case must also complete and file a certificate of completion of a credit counseling course. You can complete the credit counseling course online, and the agency will email you a certificate of completion that is to be filed when you file your case.
Are Bankruptcy Attorneys Required to File Bankruptcy?
If you’re struggling with debt and considering bankruptcy, you may be wondering if you need to hire a bankruptcy attorney to file bankruptcy. Although the answer may seem straightforward, it can be tricky. That’s because there are some situations where legal advice is important. This is when you need to hire a bankruptcy attorney. The more debt you have, the more important it is to hire an attorney.
For those of you with massive amounts of debt and nowhere to turn, bankruptcy law may be your best option. The bankruptcy process can be complicated, and it’s important to work with an experienced bankruptcy attorney. The Law Office of Richard Kistnen has experience helping clients filing for Chapter 7 bankruptcy. We can help you decide whether bankruptcy is the right option for you, decide between chapter 7 and chapter 13, and can help you file the paperwork and move forward with the process in a streamlined way, since bankruptcy cases have many stringent procedural issues.
Must Clients Have a Minimum Amount of Debt I Need to Have to File Bankruptcy?
If you are wondering whether or not you will need to have a certain amount of debt in order to file bankruptcy, you are not alone. Many people think that there is a limit to how much debt you can have before you will be eligible, but that is not the case. The truth is that you can file for personal bankruptcy no matter how much debt you have.
People freeze when they hear the word, “bankruptcy,” but it doesn’t have to be so scary. Many people who come to our Queens bankruptcy law office are surprised to learn that they don’t need to have a huge amount of debt to file. In fact, certain kinds of debt can be eliminated in bankruptcy, even if you only have a few thousand dollars in consumer debt, since there is no minimum amount of debt required to file a case.
What is the Cost to File Bankruptcy in the 5 Boroughs, and What Do Lawyers Charge?
Bankruptcy cases are governed by federal law. If you live in Queens, your bankruptcy case will be filed in the Bankruptcy Court for the Eastern District of New York – Brooklyn Division. This is a federal courthouse, and is located in downtown Brooklyn, 271 Cadman Plaza. The filing fee for a chapter 7 bankruptcy case is currently $338.00; for a chapter 13 case, the filing fee is currently $313.00.
(As an aside, if you live in the 5 boroughs or Long Island, your case will be filed in one of 2 bankruptcy courts. There is the Bankruptcy Court for the Eastern District of New York, which covers Staten Island, Brooklyn, Queens, and Long Island. Long Island cases are heard in the Central Islip courthouses, whereas Brooklyn, Queens and Staten Island Cases are heard in the Brooklyn courthouse. The Bankruptcy Court for the Southern District of New York covers Manhattan and the Bronx.)
As for what lawyers charge, there’s no single answer for that. Different attorneys charge different fees, depending on the case. If you would like to know more about much the attorney fees will be in your case, contact the Law Office of Richard Kistnen today to discuss your case.
What Happens After My Bankruptcy Case is Filed?
After the bankruptcy case is filed, you will be notified of any documents that are required but still missing. These often include pay stubs, or a local form required by the court.
Additionally, the court will advise you of what trustee was assigned to your case, and of your meeting of creditors. The job of the trustee is to ensure that you are not committing fraud, as well as to recover any property that may be liquidated to pay off creditors. At the meeting of creditors, the trustee will ask you questions about your bankruptcy case filing, including questions about your financial history.
Creditors are allowed to appear and attend your hearing. If a creditor does appear, the trustee will usually allow a limited number of questions by the creditor.
If the trustee is satisfied that there is no indication of fraud in your case, or that there are no assets to recover to pay off creditors (especially things like real estate), the meeting is usually closed, and there will be no need to go back to court. If, however, the trustee is not satisfied, wants more documents, or a creditor reveals information that was not included in the case filing, the trustee will usually adjourn the hearing for another date, for parties to provide documents and/or appear in person.
What About the Bankruptcy Second Course?
Yes, there is a second course to complete in every bankruptcy case. The law requires that every debtor completes a credit counseling course, as well as a debtor education course. You already completed your credit counseling course before you filed your case. The debtor education course must be completed after you filed your case.
The best way to complete your debtor education course is to complete it online. Once you complete it, a certificate of completion will be issued to you, and that certificate must be filed with the court.
When Does the Bankruptcy Case End?
About 4 months after you filed your bankruptcy case, assuming there were no adjournments or other issues that popped up, the judge should be signing your discharge order and the case closed.
After the discharge order is signed and case closed, a creditor should not try to enforce or collect a debt that existed before your filing. (There are certain debts that are non-dischargeable listed in the bankruptcy code. It is presumed that a debt that doesn’t fall under one of the categories listed in the bankruptcy code is discharged.) If a creditor does attempt to enforce a debt that existed before you filed your case, you should advise them that a bankruptcy case was filed and discharge entered. If they continue to try and enforce it, you can then sue the creditor in bankruptcy court.
What to do if you are looking for a Queens Bankruptcy Lawyer That Has Experience With the Bankruptcy Laws?
Creditor harassment over credit card debt, as well as threats of litigation and wage garnishment over other unsecured debt are just a few of the things that make a bankruptcy filing really important if you’re looking for debt relief. Once you start a bankruptcy filing, you get bankruptcy protection – the automatic stay and, eventually, the discharge of debts.
If you’re looking for an experienced and responsive New York Bankruptcy Lawyer to file personal bankruptcy, then the answer is simple! Contact the Law Office of Richard Kistnen for a consultation and to get started on your case so you can experience bankruptcy relief.
As an experienced bankruptcy lawyer, we provide quick and transparent legal help to our clients. Especially when a case involves things like business, real estate, or other legal matters, it’s important to have a bankruptcy law firm you trust to guide you through what could be a complex bankruptcy process, including whether chapter 13 bankruptcy maybe more appropriate.
If you would like to file a personal bankruptcy on your own, don’t have huge assets like real estate or a business, and looking for a little bit of guidance, then the Chapter 7 Bankruptcy Course may be perfect for you! With this course, I go form by form preparing a bankruptcy case, so that you can prepare and file your personal bankruptcy case more confidently. You can get access to the Chapter 7 Bankruptcy Course by clicking here.