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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 16407
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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i just had my new york chapter 13 dismissed with no restrictions

Customer Question

i just had my new york chapter 13 dismissed with no restrictions can i re file asap in florida where i own my own home.
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 1 year ago.

WALLSTREETESQ :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on

WALLSTREETESQ :

If your bankruptcy was dismissed you can refile at anytime, however you have to file the petition in the place where you reside, and in the Court where jurisdiction exists,

WALLSTREETESQ :

If you have lived in FL for 6 months to a year, it is possible for you to file in FL,

Customer:

I do live in Florida but travel a lot to NY where my family lives does that make a difference

WALLSTREETESQ :

It would not be an issue,


federal statute, 28 USC 1408(1)specifies where a bankruptcy case may be filed. The statute provides for filing in the district


in which the domicile, residence, principal place of business in the United States, or principal assets in the United States, of the person or entity that is the subject of the case have been located for the one hundred eighty days immediately preceding such commencement, or for a longer portion of such one-hundred-and-eighty-day period than in any other district.


 

WALLSTREETESQ :

If you can prove that for the last six months your residence was in FL, and you own a home, that would be your place,

WALLSTREETESQ :

It is best to have a FL drivers license as well, and to have a tax return listing the FL address,

WALLSTREETESQ :

that would be enough evidence of residency,

Customer:

OK, the tax return yes i have, license i dont i just never got around to it

WALLSTREETESQ :

you should get one just in case.

WALLSTREETESQ :

The only issue you may have is that you had a prior NY case,

WALLSTREETESQ :

so the Court may ask why you filed in NY

Customer:

i filed because i had some prior busnises up ther & they were part of the bankrutcy so i was advised it didnrt matter where i filed so i just did it there but i pul;led out because the attorney was terrible also Now my house an car are about 9 months behind as it was protected at the time in New york. will i have another automatic stay so i dont lose both

WALLSTREETESQ :

If you file, they would be protected under the automatic stay,

WALLSTREETESQ :

you can add both arrears into your chapter 13 plan, and keep them as well

Customer:

will it be a full automatic stay or just a 30 day

WALLSTREETESQ :

It would a full stay,

WALLSTREETESQ :

unless the case was dismissed with prejudice, you would be entitled to a full stay,

Customer:

no it was 100% no restrictions.

WALLSTREETESQ :

if your first case was dismissed,

Customer:

i voluntarily pulled out

WALLSTREETESQ :

and you fail to provide evidence that you can complete the chapter 13, a trustee can limit it to 30 days,

WALLSTREETESQ :

as this would be the second chapter 13 after a dismissal,

WALLSTREETESQ :

If the trustee only gives you a thirty day stay,

WALLSTREETESQ :

all you need to do is file a motion for an extension, and prove you can make the chapter 13 payments,

WALLSTREETESQ :

so it would not be an issue.

WALLSTREETESQ :

If you have any further questions please do not hesitate to ask.

WALLSTREETESQ :

If satisfied please provide us with positive feedback.

Customer:

remember i only dismissed 1 chapter 13 NY no where else

WALLSTREETESQ :

right, but if done within one year, the trustee can limit the stay for 30 days,

Customer:

ok. now can you recommend anyone good in the cape coral fl area

WALLSTREETESQ :

You can go to the link above for local bankruptcy attorneys,

WALLSTREETESQ :

We are not allowed to give specific references.

WALLSTREETESQ :

Good luck, and if you have any further questions please do not hesitate to ask.

Customer:

since my chapter 13 was dismissed in NY on 5/1/13 how long before they try to come take my car

WALLSTREETESQ :

they can take it anytime,

WALLSTREETESQ :

since the stay was lifted,

WALLSTREETESQ :

the paperwork to take the car may take 30 days,

WALLSTREETESQ :

so it would be in your interest to file a skeleton or bar bones chapter 13 as soon as possible

Customer:

skeleton or bar bones chapter 13? what do you mean sir

WALLSTREETESQ :

just file the voluntary petition with a list of creditors,

WALLSTREETESQ :

you can file the rest of the forms later,

WALLSTREETESQ :

The title 11 bankruptcy code requires only that Form B1 (three pages) be completed on the day of filing. Four or five more pages are due within two days of that, but the remainder of the paperwork (upwards of 50 or so pages) isn't due for two whole weeks.

Customer:

my self or with the attorney i choose

WALLSTREETESQ :

yourself if an attorney will take too long,

WALLSTREETESQ :

That will protect the car

Customer:

can i do it online myself ....than have the attorney i choose take it from there

WALLSTREETESQ :

yes,

WALLSTREETESQ :

You can go directly to the bankruptcy court and file it,

WALLSTREETESQ :

Call the Court, and ask them the procedures for filing a chapter 13 pro se, they may also have someone there to help you,

WALLSTREETESQ :

Good luckm

WALLSTREETESQ :

luck,

WALLSTREETESQ :

If satisfied please provide us with positive feedback.

WALLSTREETESQ :

Thank you

Customer:

can i use an online service

WALLSTREETESQ :

not to file

WALLSTREETESQ :

only an attorney can file online

Customer:

ok...sorry for all the questions sir

WALLSTREETESQ :

no problem,

WALLSTREETESQ :

good luck,

WALLSTREETESQ :

If you have any further questions please do not hesitate to ask.

Customer:

as for the house ...how long before they bother me on that

WALLSTREETESQ :

that would be longer, 45-90 days,

Customer:

Also i have to still respond to an irs audit for 2010 that i didnt file for. when i re file for my chap 13 will they once again be on hold till like before in new york. so i can figure all out

WALLSTREETESQ :

yes,

WALLSTREETESQ :

A stay will be issued,

Customer:

because they left a note to call them im assuming they found out i pulled out of the chap 13 so there on my butt now

WALLSTREETESQ :

they still have to get a court order and it will take time, so file the cahpter 13 and a stay will be issued,

Customer:

i have a business i opened in florida last year. can a bank i had a loan with in NY that i defaulted with. that i already put on my prior chapter 13 can they bother that bank account that the new corp is with

WALLSTREETESQ :

not if it is in a corp name,

Customer:

even though im a 100% on it & i personaly guaranted it

WALLSTREETESQ :

If it is in the corp name it cannot be attached, if it is in your name and you gaurarnteed it you can discharge it in bankruptcy, and they can go after you, If satisfied with our service please provide us with positive feedback, thank you

Customer:

may i ask a few more questions

WALLSTREETESQ :

You would have to accept from here on,

WALLSTREETESQ :

and ask another question,

Customer:

hello

WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 16407
Experience: 14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
WALLSTREETESQ and 3 other Bankruptcy Law Specialists are ready to help you
Expert:  WALLSTREETESQ replied 1 year ago.
WALLSTREETESQ : they still have to get a court order and it will take time, so file the cahpter 13 and a stay will be issued, Customer: i have a business i opened in florida last year. can a bank i had a loan with in NY that i defaulted with. that i already put on my prior chapter 13 can they bother that bank account that the new corp is with
WALLSTREETESQ : not if it is in a corp name, Customer: even though im a 100% on it & i personaly guaranted it
WALLSTREETESQ : If it is in the corp name it cannot be attached, if it is in your name and you gaurarnteed it you can discharge it in bankruptcy, and they can go after you, If satisfied with our service please provide us with positive feedback, thank you Customer: may i ask a few more questions
WALLSTREETESQ : You would have to accept from here on,
WALLSTREETESQ : and ask another question, Customer: hello
Customer: replied 1 year ago.

i have some more questions

Expert:  WALLSTREETESQ replied 1 year ago.
you can ask but on a new thread after you accept the current one.
Customer: replied 1 year ago.

hello

Expert:  WALLSTREETESQ replied 1 year ago.
yes, if you have another questions please ask.

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WALLSTREETESQ
WALLSTREETESQ
Attorney
2748 Satisfied Customers
14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS