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Chapter 13 bankruptcy--need help

 
 
Roberta
 
  1  
Reply Thu 20 Jul, 2006 01:45 pm
thanks, Soz. I've copied the number.

I've been frustrated with such things. I applied for disability. And for Medicaid when I was hospitalized without insurance. In both cases, I was informed that my income was too high to qualify. My income was too high to qualify for help but not high enough to pay for what I needed.

However, I won't give up.

I've been filling out forms all day. No work done. Just forms. I'm still waiting for a call back from the Legal help number at which I actually reached a human being.

And a friend has contacted NY friends in the hope that one of them might know a charitable lawyer.

Aaargh. (Also feh, pooh.)

I want to thank each and every one of you who said something kind and sympathetic. I appreciate it. Truly.
0 Replies
 
Bella Dea
 
  1  
Reply Thu 20 Jul, 2006 01:50 pm
Roberta wrote:
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.


ACK! I think this is ILLEGAL!!!!

If you have a payment arrangement, can they do that? I mean, I know they did but if they were illegally doing so, you might be able to sue their butts.
0 Replies
 
jespah
 
  1  
Reply Thu 20 Jul, 2006 04:17 pm
These are in Manhattan:NYC Bankruptcy Assistance Project at Legal Services for New York City
New York City Financial Justice Hotline
You have to be over 60 to qualify for this one.
Referrals to lawyers
New York County Lawyers' Association

I hope they are of help to you. I think you need to be assertive with these folks I cannot believe that no one whatsoever will do a pro bono bankruptcy in Manhattan. That cannot be right.
0 Replies
 
Roberta
 
  1  
Reply Thu 20 Jul, 2006 09:06 pm
Jes, It's not possible to be assertive with machines. I have reached one live human being so far. I contacted two of the places you mention. The first is the one where someone actually returned my call (and then disappeared).

I agree that there must be plenty of people who do pro bono work in Manhattan. It's getting to them that's the problem. I'm not giving up. And I thank you again for your concern and help.
0 Replies
 
margo
 
  1  
Reply Thu 20 Jul, 2006 09:24 pm
Yikes!

You'll have to send Mikey to see them!

I can't help at all - but I'm thinking of you.

(((Roberta)))
0 Replies
 
ossobuco
 
  1  
Reply Thu 20 Jul, 2006 09:39 pm
Pro bono clients within firms, or entire pro bono places? - I don't know about this stuff, and should, both for my own possibly not far distant future and because my gallery-design partner filed for chapter something at some point, though somehow through her accountant, I think. Not sure.

I bet those folks, whoever they are, get a lot of calls. I have no idea if calling thirty times is better than once, could be the opposite. I don't know if an emotional call is better - though it's probably worse, I think it's worse, but who knows. I don't know if leaving a call with the case described quickly, A), then B), then C) is useful or if you have time to do that on the message machine. A coherent case summarized shortly by you might get a call back faster in a regular firm that does some pro bonos.. Guessing, riffing here.

Wonder how those regular law firms get their probono's though, probably not from just answering the machine.
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dlowan
 
  1  
Reply Thu 20 Jul, 2006 11:26 pm
Roberta wrote:
Jes, It's not possible to be assertive with machines. I have reached one live human being so far. I contacted two of the places you mention. The first is the one where someone actually returned my call (and then disappeared).

I agree that there must be plenty of people who do pro bono work in Manhattan. It's getting to them that's the problem. I'm not giving up. And I thank you again for your concern and help.



Boida, in an earlier post Jes strongly advised you NOT to ring, but to go into the offices in person. She said it would be harder for them to refuse.

Just looked at first two places jes advised...I cannot see an address, but they say to leave a detailed message and promise your call will be returned.
0 Replies
 
ossobuco
 
  1  
Reply Thu 20 Jul, 2006 11:54 pm
Uh, folks, Roberta has trouble maneuvering in space. She is, actually, well disabled. Going to offices is not a jot skip and jump. She lives in a place she is primed to lose hold of shortly. Seriously shortly.

Roberta is among the smartest of us, beyond bronx bluster, the kindest, and is proud. She is in serious peril. She is our english language person, for great reason.

This is an a2ker in real distress. Sorry, R, to be so bald. We need to help our girl.

Well, maybe you a2k folks as lawyers don't know how to help, which we all understand, but could you all work at getting the girl a useful consult?
0 Replies
 
dlowan
 
  1  
Reply Fri 21 Jul, 2006 12:10 am
ossobuco wrote:
Uh, folks, Roberta has trouble maneuvering in space. She is, actually, well disabled. Going to offices is not a jot skip and jump. She lives in a place she is primed to lose hold of shortly. Seriously shortly.

Roberta is among the smartest of us, beyond bronx bluster, the kindest, and is proud. She is in serious peril. She is our english language person, for great reason.

This is an a2ker in real distress. Sorry, R, to be so bald. We need to help our girl.

Well, maybe you a2k folks as lawyers don't know how to help, which we all understand, but could you all work at getting the girl a useful consult?




Jes' second link is the hotline for emergencies...looking at criteria for emergencies, Boida counts:


These are the hotline details:


GENERAL CONTACT INFORMATION

Phone: 212-925-4929
Email: [email protected]
Website: www.nedap.org/hotline
0 Replies
 
ossobuco
 
  1  
Reply Fri 21 Jul, 2006 12:53 am
Let me just guess R. has tried this forty times,



but, maybe not.

Maybe those are new numbers.
0 Replies
 
Roberta
 
  1  
Reply Fri 21 Jul, 2006 09:23 am
Osso is right. I don't get around well. Going places is not easy for me.

I finally reached the person I had been playing telephone tag with. The organization she works for has rules. I make too much money for them to help me. (I was afraid of this.) She gave me another number to call. I'll try it, but I'm not optimistic.

I'll finish filling out the forms today. My accountant will look them over on Monday. If I find a lawyer, fine. If not, I will proceed on my own.

BTW, thanks, Osso, for the nice things you said about me.

Will this nightmare end? Quien sabe?
0 Replies
 
Roberta
 
  1  
Reply Fri 21 Jul, 2006 04:22 pm
I got the name and number of the head of the NY Bankruptcy Lawyers organization. I'll call on Monday.

Jes, I promise to be assertive. I'm a tad encouraged by this. I've been told he's a nice man--helpful and cooperative.
0 Replies
 
sozobe
 
  1  
Reply Fri 21 Jul, 2006 04:27 pm
A lead!

Thanks for keeping all of us well-wishers updated. Really hope this guy can get some stuff done for you.
0 Replies
 
dlowan
 
  1  
Reply Fri 21 Jul, 2006 06:04 pm
Yes...please keep us informed.


Look, I know Jes would have thought of this...but I have to say it cos I feel so damned helpless.


Is there not a tax, or government generally, ombudsman you can approach?

It seems crazy...people are saying your income is too high, but you have NO income, because the state took it. Is there not some emergency independent review available to you re this, within the system, and sans lawyers?


Accch.

This is probably just more well meaning clamour, but this is Carrollian in its illogic.
0 Replies
 
ossobuco
 
  1  
Reply Fri 21 Jul, 2006 06:13 pm
Yes, I agree Dlowan. I wonder, too... about the legality of the state taking all that money, and whether you'd be doing the bankruptcy thing if they hadn't done that. Or if not the legality, the propriety of it.
0 Replies
 
msolga
 
  1  
Reply Fri 21 Jul, 2006 07:31 pm
What Deb said, Roberta. I can't believe the state can take away all someone's income like that, either! Confused
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littlek
 
  1  
Reply Fri 21 Jul, 2006 08:01 pm
Oh for crying out loud! I wish that I could help, Roberta........
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jespah
 
  1  
Reply Sat 22 Jul, 2006 06:15 am
msolga wrote:
What Deb said, Roberta. I can't believe the state can take away all someone's income like that, either! Confused


They aren't supposed to be able to, that's why she's got to file Chapter 13. This seems like more of a clerical error than anything else -- garnishments aren't supposed to be for 100%.

Actually, have you tried talking to the agency that did the garnishment? That is another way to go (pursue both courses, of course); they may realize their error and correct it. Then again it's government so that is why it's a lot more likely you'll have results if this hits a courthouse.

PS Good luck talking to the bankruptcy guy. Tell him what you've told us.
  • All your wages were garnished
  • You're short on cash
  • You're disabled
  • You're concerned about becoming homeless


You get the idea. Lay this stuff out for him as he will not necessarily come up with it on his own. Tell him. If he starts pulling back, tell him again. You need to impress upon him the urgency of the matter.
0 Replies
 
Roberta
 
  1  
Reply Sat 22 Jul, 2006 01:10 pm
Yes, my accountant and I talked with the tax person, who conceded that this wasn't supposed to happen. He tried to get the money back, but it was already in the system and not get-backable. It was he and my accountant who agreed that the only recourse is the Chapter 13.
0 Replies
 
msolga
 
  1  
Reply Sun 23 Jul, 2006 04:40 am
Roberta wrote:
Yes, my accountant and I talked with the tax person, who conceded that this wasn't supposed to happen. He tried to get the money back, but it was already in the system and not get-backable. It was he and my accountant who agreed that the only recourse is the Chapter 13.


I don't get this, Roberta.
The money was already "in the system"? But the "system" is the responsibility of the state! The state has a responsibility toward its citizens. Your money (or enough to live on, at least!) should definitely be get-backable, if it wasn't supposed to happen in the first place(a mistake)! Does your state expect you to starve? Confused This doesn't sound right, or very 21st century, at all! Confused
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