New York Bankruptcy Law
Tips & Advice to help you make your decision on New York Bankruptcy Law
It is essential to understand New York bankruptcy law if you are considering filing for bankruptcy protection in the state. New York follows federal law, but the state's property exemptions diverge from federal regulations.
There are two types of bankruptcy. The first, Chapter 7 bankruptcy, is the most common form. In these bankruptcy cases, the business or individual has very few assets and little ability to pay back any creditors. The ability to qualify for Chapter 7 bankruptcy is based on income and the means test. Any property that is not exempt by New York law can be seized and sold to pay creditors.
The second type of bankruptcy is called Chapter 13 bankruptcy. Chapter 13 bankruptcy is required if the individual or business can repay some debts. Certain types of debt, such as taxes, student loans, or child support cannot be discharged and will require you or your business to file for Chapter 13 bankruptcy in New York state.
Property exemptions are the largest difference between federal and New York state laws. In New York, your home is exempt property, or at least the first $75,000 to $150,000 of its value depending on the county. Personal property up to $10,000 is also exempt. To learn about other exemptions and the finer points of New York bankruptcy law, browse Business.com and visit the related links.
New York Bankruptcy Law
Learn everything you need to know about New York bankruptcy lawsBy T.S. Johnson Sweet Potato Pie Learn all you can about bankruptcy laws in New York before you begin to make a decision about filing for bankruptcy. Understand what the ramifications will be to your life and your business when filing for bankruptcy in New York.
No one starts a business thinking it will fail. Things, however, do change, and there may come a time when exercising your bankruptcy options in New York becomes the best course of action for yourself and your business. Before filing for bankruptcy, keep in mind the following:
1. Know what you’re going to do with your life and your business once the bankruptcy is complete. Set goals and have a plan ready for life after bankruptcy.
2. Understand how New York bankruptcy law is going to affect life going forward--from starting a new business to how it will affect your credit rating.
3. Analyze the decisions that were made that led to your bankruptcy filing. Take note so you won’t repeat the same mistakes again.
Determine the exemptions you have under NY bankruptcy law
Know the exemptions you have available under bankruptcy law in New York. For example, New York bankruptcy law only provides homestead exemptions up to $10,000 and has a detailed list of what types of personal property are exempt and for how much.
Try:
Bankruptcy Information has a chart with all of the available exemptions in New York and links to other New York bankruptcy information. Review the chart at NewYorkBankruptcyLaw.com showing all of the exemptions that are available under New York bankruptcy law.
Review the NY bankruptcy law process
Filing for bankruptcy changed drastically with the passage of the 2005 bankruptcy laws. With the changes, the process itself has become more expensive as well as making it more difficult for petitioners to charge off their debts. Take time to understand what the new process means for you and your business so you can make an informed decision on whether filing for bankruptcy protection is right for you.
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Learn about the New York bankruptcy process with an easy to understand explanation at Lawyers.com. FindLaw gives a detailed break down of the changes to bankruptcy law with the passage of the new legislation.
Hire a New York bankruptcy attorney to get you through the process
A quality attorney is a necessity when filing for bankruptcy in New York. There are plenty of high quality New York bankruptcy lawyers to choose from. Find one that is a good fit for you and your business.
Try:
Stephen B. Kass Law Office is one of many New York bankruptcy law firms that focuses on bankruptcy law. They have offices in New York City and Brooklyn. AttorneyPages has a large database of New York bankruptcy attorneys that is searchable by city or county.
- Gather and fill out all of your paperwork early in the process. You don't want the NY bankruptcy law proceeding held up because you haven't filled out the necessary paperwork.
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