Bankruptcy Lawyer in Lakeville Estates, NY

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Chapter 7 and Chapter 13 Bankruptcy

What Life Looks Like After Bankruptcy

The phone stops ringing with collection calls. Your wages are no longer being garnished. You sleep through the night without worrying about losing your home.

This is what happens when you file for bankruptcy with proper legal guidance. The automatic stay kicks in immediately, giving you breathing room to rebuild your financial life.

You’ll have a clear path forward, whether that’s eliminating unsecured debts entirely through Chapter 7 or creating a manageable payment plan through Chapter 13. Your essential assets stay protected, and you get the fresh start you need to move forward with confidence.

Experienced Lakeville Estates Bankruptcy Attorney

Local Expertise You Can Trust

We have been helping Long Island families navigate financial crises and bankruptcy proceedings for years. We understand the unique challenges facing Lakeville Estates residents, from high property taxes to the pressures of maintaining financial stability in an expensive market.

You’re not just getting a bankruptcy attorney. You’re getting someone who knows Nassau County bankruptcy court procedures inside and out, understands New York exemption laws, and has successfully guided hundreds of families through this process.

We handle each case personally, taking time to understand your specific situation and goals. No bankruptcy mills, no cookie-cutter approaches.

How to File for Bankruptcy

Your Clear Path to Debt Relief

First, we’ll meet for a free consultation to review your debts, income, and assets. This helps us determine whether Chapter 7 or Chapter 13 bankruptcy makes more sense for your situation.

Once you decide to move forward, we handle all the paperwork and filing requirements. We’ll gather your financial documents, complete the bankruptcy petition, and file it with the Nassau County bankruptcy court. The automatic stay goes into effect immediately upon filing.

Next comes the 341 meeting of creditors, where you’ll answer basic questions about your financial situation under oath. We’ll prepare you thoroughly and be right there with you. For Chapter 7 cases, you’re typically done within 3-4 months. Chapter 13 cases involve a 3-5 year payment plan that we help you manage.

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Debt Relief and Foreclosure Defense

Complete Bankruptcy and Debt Relief Services

You get comprehensive legal representation that covers every aspect of your bankruptcy case. We handle Chapter 7 liquidation cases and Chapter 13 reorganization plans, always focusing on protecting your most important assets.

Our foreclosure defense work runs parallel to bankruptcy proceedings when needed. We know how to use bankruptcy’s automatic stay to stop foreclosure proceedings and give you time to catch up on mortgage payments or negotiate loan modifications.

We also provide pre-bankruptcy planning to help you understand exemptions and make strategic decisions about timing. Every client receives personalized attention because we understand that no two financial situations are exactly alike. You’ll have direct access to your attorney throughout the process, not just paralegals or assistants.

How quickly can bankruptcy stop foreclosure on my home?

Bankruptcy’s automatic stay goes into effect the moment we file your case, which immediately stops all foreclosure proceedings. This includes scheduled sheriff’s sales, eviction proceedings, and any other collection activities. The automatic stay is a powerful federal law that creditors must respect. If your foreclosure sale is scheduled for next week, we can file your bankruptcy case and stop it. However, this is temporary relief – we’ll need to work on a long-term solution through your bankruptcy plan or loan modification negotiations. The key is acting quickly once you know foreclosure is a possibility.

What's the difference between Chapter 7 and Chapter 13 bankruptcy?

Chapter 7 eliminates most of your unsecured debts like credit cards and medical bills within 3-4 months. You don’t make payments to creditors, but you may need to surrender non-exempt assets. Chapter 13 creates a 3-5 year payment plan where you pay back a portion of your debts based on your income and expenses. Chapter 13 is often better if you’re behind on mortgage payments and want to keep your home, or if you make too much money to qualify for Chapter 7. We’ll analyze your income, expenses, and goals to recommend the right chapter for your situation.

Will I lose my house if I file for bankruptcy?

Most people keep their homes in bankruptcy, especially if they’re current on mortgage payments. New York’s homestead exemption protects significant home equity, and Chapter 13 bankruptcy is specifically designed to help you catch up on missed mortgage payments while keeping your house. Even in Chapter 7, you can keep your home if you’re current on payments and your equity falls within exemption limits. If you’re behind on payments, Chapter 13 gives you up to five years to catch up while stopping foreclosure. We’ll review your mortgage situation and equity position to determine the best strategy for protecting your home.

How much does it cost to file bankruptcy in New York?

Court filing fees are $338 for Chapter 7 and $313 for Chapter 13, plus mandatory credit counseling courses around $50. Attorney fees vary based on case complexity, but we offer payment plans to make legal representation affordable. Many clients use their tax refunds or stop paying credit cards they plan to discharge to fund their bankruptcy case. We’ll discuss all costs upfront during your free consultation, including any additional fees for complex issues like foreclosure defense or business debts. Remember, bankruptcy often saves you far more money than it costs by eliminating debts and stopping collection activities.

Can bankruptcy stop wage garnishment immediately?

Yes, the automatic stay stops wage garnishments immediately when we file your bankruptcy case. We’ll notify your employer and the creditor right away to ensure the garnishment stops with your next paycheck. Any wages already garnished within 90 days before filing may be recoverable as a preference payment. This immediate relief is often crucial for families living paycheck to paycheck who can’t afford to lose 25% of their wages to garnishment. The automatic stay also stops bank account freezes, utility shutoffs, and other collection activities. You’ll have your full paycheck back while we work through your bankruptcy case.

Will bankruptcy ruin my credit forever?

Bankruptcy stays on your credit report for 7-10 years, but your credit score can start improving much sooner. Many clients see their scores increase within 12-18 months after discharge because they’ve eliminated overwhelming debt and can start rebuilding responsibly. You can often get a car loan within a year and qualify for an FHA mortgage within 2-4 years after bankruptcy. The key is having a plan for rebuilding credit through secured credit cards, timely payments, and keeping debt levels low. Many people find their credit is actually better after bankruptcy than it was when they were struggling with unmanageable debt payments and missed payments.

Local Resources

Lakeville Estates, NY is located in Nassau County in New York State