Bankruptcy Lawyer in Bayswater, NY

Stop Creditors and Protect Your Home

Get immediate relief from debt collectors and foreclosure threats with experienced bankruptcy representation in Bayswater.

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Debt Relief Solutions Bayswater

What Bankruptcy Can Do for You

When you file for bankruptcy, creditors must stop calling immediately. That’s the automatic stay – federal protection that kicks in the moment we file your case.

Your unsecured debts like credit cards, medical bills, and personal loans can be completely discharged. Gone. You won’t owe them anymore.

If you’re behind on your mortgage, Chapter 13 bankruptcy lets you catch up over time while keeping your home. You get up to five years to pay what you owe, and your lender can’t foreclose while you’re current on your plan payments. Many Bayswater families have saved their homes this way.

Bayswater Bankruptcy Attorney Experience

We Know New York Bankruptcy Law

The Frank Law Firm P.C. has been helping Bayswater residents navigate financial crises for years. We understand the pressures you’re facing – the phone calls, the letters, the sleepless nights wondering how you’ll pay everything.

We’ve guided hundreds of families through both Chapter 7 and Chapter 13 bankruptcy cases. We know which exemptions protect your property under New York law, and we know how local trustees handle cases.

You’re not just another file number here. We take time to understand your specific situation and explain your options in plain English.

Bankruptcy Process Bayswater NY

Here's How We Handle Your Case

First, we meet for a free consultation to review your debts, income, and assets. We’ll determine whether Chapter 7 or Chapter 13 bankruptcy makes more sense for your situation. No pressure, no sales pitch – just honest advice about your options.

Once you decide to move forward, we prepare and file your bankruptcy petition. The automatic stay goes into effect immediately, stopping all collection activity. Creditors can’t call, sue, garnish wages, or foreclose while your case is active.

For Chapter 7 cases, you’ll attend one meeting with the trustee about 30 days after filing. Most Chapter 7 cases are complete within four months. Chapter 13 cases involve a repayment plan that lasts three to five years, but you keep your property and catch up on missed payments over time.

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Chapter 7 Chapter 13 Bayswater

Complete Bankruptcy Representation Included

We handle every aspect of your bankruptcy case from start to finish. That includes preparing all required paperwork, filing with the court, representing you at the meeting of creditors, and responding to any trustee requests.

You’ll get guidance on which debts can be discharged and which assets are protected under New York exemption laws. We help Bayswater clients understand how bankruptcy affects their homes, cars, retirement accounts, and other property.

If creditors object to your discharge or if complications arise, we’re there to handle it. Many people worry about representing themselves or using cheap online services, but bankruptcy law is complex. One mistake can cost you your case or your property.

How long does bankruptcy stay on my credit report?

Chapter 7 bankruptcy stays on your credit report for 10 years from the filing date, while Chapter 13 stays for 7 years. However, the impact on your credit score decreases over time, especially if you rebuild credit responsibly after discharge. Many clients see their scores improve within 2-3 years because they no longer have overwhelming debt dragging down their credit utilization ratios. You can start rebuilding immediately with secured credit cards and by making all post-bankruptcy payments on time.

Will I lose my house if I file for bankruptcy?

Not necessarily. If you’re current on mortgage payments and have equity below New York’s homestead exemption limit, you can keep your home in Chapter 7. If you’re behind on payments, Chapter 13 bankruptcy actually helps you save your house by letting you catch up on missed payments over 3-5 years while stopping foreclosure. Many Bayswater homeowners use Chapter 13 specifically to prevent foreclosure. The key is acting before it’s too late – once foreclosure is complete, bankruptcy can’t get your house back.

What debts cannot be discharged in bankruptcy?

Certain debts survive bankruptcy discharge, including recent taxes, student loans (in most cases), child support, alimony, and debts from fraud or willful injury to others. Recent luxury purchases or cash advances may also be non-dischargeable if made shortly before filing. However, most common debts like credit cards, medical bills, personal loans, and older tax debts can be completely eliminated. We’ll review your specific debts during consultation to explain what can and cannot be discharged in your situation.

How much does it cost to file bankruptcy in Bayswater?

Court filing fees are $338 for Chapter 7 and $313 for Chapter 13, plus attorney fees that vary based on case complexity. We offer payment plans because we understand you’re filing bankruptcy precisely because money is tight. Many clients pay attorney fees over several months before filing, and Chapter 13 attorney fees can often be included in your repayment plan. We’ll discuss all costs upfront during your free consultation so there are no surprises later.

Can I file bankruptcy if I'm already being sued?

Yes, and filing bankruptcy immediately stops the lawsuit through the automatic stay. If creditors have already gotten a judgment against you, bankruptcy can still help by discharging the underlying debt and stopping wage garnishments or bank account levies. The sooner you file, the better – it’s easier to stop a lawsuit than to deal with judgments and garnishments after the fact. We’ve helped many Bayswater residents stop lawsuits and collection actions by filing bankruptcy strategically.

Do I qualify for Chapter 7 or Chapter 13 bankruptcy?

Chapter 7 eligibility depends on passing the means test, which compares your income to New York median income levels for your household size. If your income is below the median or you pass the detailed means test calculation, you qualify for Chapter 7. Chapter 13 is available if you have regular income and your debts fall below statutory limits. Most people qualify for at least one type of bankruptcy. We’ll run the numbers during your consultation to determine which chapter works best for your income, expenses, and goals.

Local Resources

Bayswater, NY is located in Queens County in New York State