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BKAnswerMan
BKAnswerMan, Attorney
Category: Bankruptcy Law
Satisfied Customers: 25
Experience:  Experienced Bankruptcy Attorney that has represented over 1,000 clients in consumer bankruptcy proceedings.
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First let me back up a little. As far as BK is concerned is

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First let me back up a little. As far as BK is concerned is there any difference between pain and suffering part of the judgement and economic damages judgment? If pain and suffering is considered to be dischargable type.

Secondly, for me to understand your prior answer. If person has some assessts say 60k, but would not fall under chapter 13 (does not make enough money) -- can I get some of his assests after he files for chapter 7 in NY (I am the only creditor).

Another scenario - he files chapter 13 -- then it is the combined salary of him and his wife that is looked at or just his salary?

With regards XXXXX XXXXX wages - -I can only garnish his wages under the jusgment - but if he files the BK -- then his future wages are out my reach -- correct?
First let me back up a little. As far as BK is concerned is there any difference between pain and suffering part of the judgement and economic damages judgment? If pain and suffering is considered to be dischargable type.

No, there is no legal difference between the type of damages. If the underlying claim is dischargeable then the resulting damages will also be dischargeable. So both the economic damages and the pain and suffering will be treated the same.

Secondly, for me to understand your prior answer. If person has some assessts say 60k, but would not fall under chapter 13 (does not make enough money) -- can I get some of his assests after he files for chapter 7 in NY (I am the only creditor).

Possibly, but it depends on what the assets are. For example, retirement can generally be 100% protected. It is also likely that he will engage in exemption planning to minimize the amount of non-exempt assets before he files. It is the filing date that will determine what the assets of the bankruptcy estate are. In other words, he will put transfer the assets to IRA accounts, etc.. to the extent allowable. Here is a link to the type of assets that can be exempted in New York: http://www.bankruptcyinformation.com/ny_exemp.htm

Another scenario - he files chapter 13 -- then it is the combined salary of him and his wife that is looked at or just his salary? Yes, the salary of both spouses will be used to determine household disposable income (assuming they live in the same household).

With regards XXXXX XXXXX wages - -I can only garnish his wages under the jusgment - but if he files the BK -- then his future wages are out my reach -- correct? That is correct.
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