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Chapter 13 bankruptcy--need help

 
 
Roberta
 
Reply Tue 18 Jul, 2006 03:58 pm
For reasons too numerous to go into, I need to file a Chapter 13 bankruptcy. My accountant had a lawyer (pro bono) lined up for me, but he changed his mind. I'm now on my own.

I went to the US Court cite on the Web. I need to know which forms to download and fill out.

I'm really at a loss. I'll fill out the forms. I just need to know which ones to work on.

HELP!! Please!

Thanks.
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Type: Discussion • Score: 2 • Views: 3,900 • Replies: 78
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dlowan
 
  2  
Reply Tue 18 Jul, 2006 04:05 pm
I can't help, Boida....just stopping by to bump your thread, and to wish you well in this.


I do hope, when the dust has settled, that it means things will be less stressful for you.



Love Deb
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jespah
 
  2  
Reply Tue 18 Jul, 2006 04:22 pm
Boida, you need a lawyer. That was not the only pro bono Bankruptcy lawyer in New York state. Here are some resources. Get a lawyer. Don't try to do this yourself.
NYC Bankruptcy Assistance Project at Legal Services for New York City
New York Seniors Legal Assistance Project (NYSLA) I don't know if you're over 60. If you are, this group can help you.
New York City Bar referral This group is not free but might be of help.
Law Help - Bankruptcy

Again, I urge you to not try to do this yourself.

PS Look at this article. You may have to have gone through credit counseling before you can file, it's in one of the bullet points, about 1/3 of the way down that page.
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Roberta
 
  1  
Reply Tue 18 Jul, 2006 04:51 pm
Jespah, Thanks for the links. I'll make some calls tomorrow.

This is a strange situation. I'm hoping someone can help me. Strange?

My accountants were working out a plan with NY State Income Tax. I was sending them a check every month, but the amount had not been agreed on.

In the midst of the negotiations, NYS put a lien on my bank account and took some money. I couldn't pay my bills. I asked my employer to rush me a payment. NYS garnished the payment and left me with NO MONEY. The contact at NYS and my accountant have told me that the only way to get back to money is to file a Chapter 13. I had to borrow money to live on. I'm a month behind in my rent.

I consider this a strange situation. And an emergency.

I feel helpless--and poor.

Thanks, again, for the links.
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sozobe
 
  1  
Reply Tue 18 Jul, 2006 05:09 pm
Good grief, this is insane. It also seems downright illegal (you were making a good faith effort re: tax, things were being worked on) but what do I know. (About this subject, pretty much nothing.)

I hope the links get you what you need and fast.

Stuff like this is not supposed to happen!

Best of luck.
0 Replies
 
dlowan
 
  1  
Reply Wed 19 Jul, 2006 06:33 am
Oy!

Bankruptcy would protect you, as I understand it, and a workable repayment is arranged?
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Roberta
 
  1  
Reply Wed 19 Jul, 2006 10:51 am
Hi Jes,

I've been on the phone all morning. I left one message, got many noes, and was on hold for almost an hour. I gave up. I've been online as well. Some Web sites--the results were unfruitful.

I'm discouraged.

Aren't there any lawyers on this site who can point me in the right direction? All I want to know is what forms to download. I'll prepare the papers myself.

Phooey.
0 Replies
 
Roberta
 
  1  
Reply Wed 19 Jul, 2006 12:26 pm
Hi Jespah,

I found a site and downloaded many, many pages. I have no idea whether they're all that I need. But I'm going to start filling them out.

I could still use some help. (I have no idea what I'm doing.) But the forms are a start.
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roger
 
  1  
Reply Wed 19 Jul, 2006 12:32 pm
The whole check? I know from nothing, but on the employer's side, we may/must deduct up to 50% for child support, spousal support, and tax liens. Other garnishments and/or liens, etc. are limited to a combined total of 25% of net income. Net income is gross, less taxes and a few other involuntary deductions.

Well, they've done it, anyway, haven't they. Do as Jespah has said.
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Roberta
 
  1  
Reply Wed 19 Jul, 2006 01:44 pm
Yes, Roger. The whole check. I'm a freelancer. No deductions. Just gross pay. And the state left me with nothing.
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jespah
 
  1  
Reply Wed 19 Jul, 2006 04:57 pm
Don't call and don't write emails. Go in person once you know where to go. It's a lot harder for them to say no if you are right there.

And I think this may be what you want. http://www.bronxbar.com/contactus.htm

    Phone: 718-293-2227 - Bar Association Information 718-293-5600 - Referral Information Fax: 718-681-0098 Email: [email protected] Address: Bronx County Bar Association New York State Supreme Court Building 851 Grand Concourse Bronx, New York 10451-2937


This is the Bronx Bar Association. They will be able to refer you to an attorney specializing in bankruptcies. Tell them you need pro bono publico assistance and NYS put a lien on your bank account and took some money because you couldn't pay your bills. A payment from your employer was garnished at a 100% gross income rate and you were left with no money to live on. Tell them what you told us. Impress upon them that it's an emergency. Don't take no for an answer.
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Roberta
 
  1  
Reply Wed 19 Jul, 2006 05:07 pm
Jespah,

I don't live in the Bronx. The Bronx courts are not where I need to be or where I will end up. There are no addresses for any of the places I tried. Nobody answers phones. Just machines. One person returned my call. I missed it. But now I have a number.

This was a frustrating day. But I'm not giving up.

Thanks for your advice and concern.
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jespah
 
  1  
Reply Wed 19 Jul, 2006 05:15 pm
Oops, sorry, I thought you did. Which borough? I can find that info on whatever borough.
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sozobe
 
  1  
Reply Wed 19 Jul, 2006 06:16 pm
Sounds like things are getting closer, Roberta. I bet that with the right borough Jes can get you what you need.

And maybe the one person who returned your call is the one who can help.

Rooting for ya...
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Roberta
 
  1  
Reply Thu 20 Jul, 2006 07:09 am
I live in Manhattan, and I already called the Manhattan Bar Association, which was no help.


And thanks, Soz, for the encouragement.
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msolga
 
  1  
Reply Thu 20 Jul, 2006 07:17 am
.. just here to encourage you to hang in there, Roberta. I know you're heartily sick & tired of the whole deal. Good luck!

hugs,
Olga
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gustavratzenhofer
 
  1  
Reply Thu 20 Jul, 2006 07:26 am
Roberta, I also wish you the best of luck. I'm sure things will work out.

Again, good luck.
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Roberta
 
  1  
Reply Thu 20 Jul, 2006 09:43 am
Thanks Gus and Olga.

I'm currently trying to fill out the forms I downloaded yesterday. I can't answer many questions because I don't know what they mean.

Where is some gallant knight to come and rescue me from this mess and morass? I'm heartily weary, angry, frustrated, and spent. No knights these days.
0 Replies
 
ossobuco
 
  1  
Reply Thu 20 Jul, 2006 11:10 am
Roberta, I've been following this thread, horrified.

I did find this online, buncha fine print, I have to upsize it myself to read. But maybe there'll be some clue in there...

http://www.nysb.uscourts.gov/pdf/pressRelease.pdf
0 Replies
 
sozobe
 
  1  
Reply Thu 20 Jul, 2006 11:52 am
That looks promising.

In terms of getting through from now until this is resolved, I found this:

Quote:
NEW YORK CITY DEPARTMENT OF HUMAN RESOURCES, EMERGENCY SERVICES

Telephone: 877.472.8411 (toll free)
Provides emergency, short-term assistance in areas of eviction or dispossession, hunger, electricity, gas or heating turn-offs, housing, child abuse, medical problems, needs of the elderly and battered women. Call the HRA INFOLINE listed above for instructions on how to receive emergency help or for the location of the nearest service center. To speak with someone call Mon.-Fri. 8-5, or for automated information call 24 hours, 7 days a week. Many languages spoken.


More interesting resources here:

http://www.nypl.org/branch/services/connections/financialassistance.html
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