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cfortunato, Attorney
Category: Bankruptcy Law
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Experience:  Bankruptcy professor.
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Bankrupcty New York - Chapter 7. I am separated for three

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Bankrupcty New York - Chapter 7.

I am separated for three years and locked for same period in a Matrimonial Court fight in NY Supreme Court with my wife.

As part of my (contested) claim for equitable distribution I am claiming half my wife’s medical degree and half of a jointly held apartment overseas (approximately 50% of which is mortgaged to an overseas bank.) Financial Matrimonial trial is still at least six/eight months off.

I filed for Bankruptcy six months ago, (it is still open) my lawyer did not list either claim. I am now Pro Se in the Bankruptcy proceedings (as well as the Matrimonial) and want to file an amendment to include these two claims.

1. Regarding jointly held apartment (my right to it being contested by my wife). Do I simply file it as Schedule A – Real Property plus Schedule D, Creditors Holding secured debt?

2. Regarding my claim for equitable distribution on my wife’s medical degree, do I file it under personal property (Schedule B) and state that it is a contested claim with approximate value?

I know I should really get a Bankruptcy lawyer but I cannot afford one and want to file the amendment asap.

I need to know as it pretains to NY.
Hi. Can you describe your claim for the medical degree in more detail? What exactly is your argument? I'm just trying to get a feel for what kind of asset you believe that it is.
Customer: replied 5 years ago.

I was a stay at home dad to our infants while my wife did 2 years of med school & two years of residency/internship.


NY Equitable Distribution law recognizes this as a my having contributed to the license & allows me to claim 50% of the total projected income due to this qualification/license over the years that my wife will work.


In our particular case , the license's values is around $1.4 million of which i am entitled to around half. (This would be paid on settlement of the financial matrimonial case, not over the years she works. She has sepearte property.)

Hi again. I'm going to have to research this issue, so it may take a couple of hours. I'll get back to you sometime this evening.
Customer: replied 5 years ago.

Thanks. I would be prepared to err on the side of caution and report it (both the license and the property) if it's in question.


I am without attorneys and do not want to risk this being brought up as an issue to prevent my bankruptcy filing from going through. Due to the divorce I am being litigated against in various court's and do not need more issues to contend with.

Hi again. I apologize for taking so long to get back to you. I'm going to have to refer this to a colleague who may have a better idea.
Customer: replied 5 years ago.
i appreciate you being on top of it. Thanks

Hi JACustomer,

1) The jointly held property goes on Schedule A. The mortgage for that property - if it is also in your name - goes on Schedule D, and on Schedule H (assuming your wife's name is XXXXX XXXXX the mortgage).

2) The contingent claim for 50% of your wife's medical degree goes on line 17 of Schedule B.

I think this is what you wanted to know. If not, please let me know.
Thank you!

Edited by cfortunato on 1/6/2011 at 9:14 PM EST
Customer: replied 5 years ago.

Ok. So I understand that I need to file both these assets. Part of my question was as well whether I may state that these are contested claims (both the joint property and the claim for 50% of the license)

Yes - when you list the properties, you should indicate that the claims are contingent, because they are being contested.

Edited by cfortunato on 1/6/2011 at 9:43 PM EST
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience: Bankruptcy professor.
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