Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Although the Bankruptcy Code requires submitting the last income tax return, it is the custom of many Bankrutpcy trustees to ask for tax returns for the 2 years before filing. But again, these do not have to be submitted until after you file.
Here are the NY state Bankrutpcy exemptions:
Here are the federal exemptions:
A NY state Bankruptcy filer can choose either set of exemptions, but must stick with the set that is chosen - you cannot choose some from one and some from another.
In general, if the is no home to protect, the federal statutes provide more protection (dollarwise).
In NY it is against the law for any creditor to freeze any bank account that has less than $1760 in it. So to be safe, it is a good idea to make sure there are no accounts with more than that amount.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).