Bankruptcy in New York: What You Need to Know

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Bankruptcy can be a difficult and emotional process, but it can also provide relief and a fresh start for those struggling with overwhelming debt. If you’re considering bankruptcy in New York, it’s important to understand the process, the different types of bankruptcy, and the potential consequences.

The bankruptcy process in New York involves filing a petition with the bankruptcy court, which will review your finances and determine whether you qualify for bankruptcy. If you do qualify, the court will appoint a trustee to oversee your case and help you manage your assets and debts.

There are two main types of bankruptcy that individuals can file for in New York:

  • Chapter 7 Bankruptcy: This type of bankruptcy involves liquidating your assets to pay off your debts. However, not all assets are subject to liquidation, and there are exemptions that can protect certain assets, such as your home, car, and personal belongings.
  • Chapter 13 Bankruptcy: This type of bankruptcy involves creating a repayment plan to pay off your debts over a period of three to five years. This option allows you to keep your assets while still getting relief from your debts.

It’s important to note that both types of bankruptcy will impact your credit score and can stay on your credit report for up to ten years.

If you’re considering bankruptcy in New York, it’s important to understand the potential consequences. While bankruptcy can provide relief from overwhelming debt, it can also have long-lasting effects on your credit score and financial future. Additionally, certain debts, such as student loans and tax debts, may not be dischargeable through bankruptcy.

To avoid bankruptcy, it’s important to seek out other forms of debt relief, such as debt counseling, debt consolidation, and negotiating with creditors. You can also explore government programs such as the New York State Mortgage Assistance Program (MAP) and the New York State Emergency Rental Assistance Program (ERAP) which can provide assistance with mortgage and rent payments.

If you do decide to pursue bankruptcy, it’s important to consult with a qualified bankruptcy attorney who can guide you through the process and help you make the best decisions for your financial situation.

Helpful government links for bankruptcy in New York include:

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