Wednesday, March 2, 2011

Good News Regarding Bankruptcy Exemptions

Bankruptcy and good news often do not go hand in hand but I am glad to say they belong in same sentence this time. As of January 21, 2011, the bankruptcy exemptions in New York State have increased as follows:

Homestead Exemption: from $50,000 to $150,000 (in the following counties: Bronx, Queens, Kings, Richmond, New York, Nassau, Putnam, Rockland, Suffolk, and Westchester). In the counties of of Albany, Columbia, Dutchess, Orange, Saratoga and Ulster, the exemption went up to $125,000. For all other N.Y. State Counties the exemption is now $75,000.

Vehicle Exemption: from $2,400 to $4,000 (for one motor vehicle (in the case of a vehicle equipped for a disbled person the exemption if $10,000).

There are other beneficial changes to the New York State Bankruptcy Exemptions, however, this blog cannot list them all. I just wanted to give you the information on two of the most sought after exemptions and put a smile on your face.

Do I need a Lawyer?

As a lawyer, I would say yes, you need a lawyer and you would probably say that I am in the business of providing legal services therefore I wouldn't say anything else. Yes and no. Yes, I want you to do business with me, and no, you probably cannot handle your own filing. Prior to October 17, 2005, you probably would have been able to handle your own bankruptcy filing. After that date, things got a little more complicated.

Most bankruptcy attorneys will give you a free consultation. There are bar associations that will prepare your petition for free if you qualify financially; they restrict free services to those who need it most. You have to sign up for it and wait several months for your case to be filed.

There are some free online consultation services but I would caution you to be certain who you are dealing with before you give them any personal information.

Of course the possibility exists that you could handle your own bankruptcy filing with a "how to" book and your natural intelligence but you may need to try and try again.

The self-represented often run into difficulties when they fail to prepare all of the reqired documents, when they forget to answer all of the questions, and when they fail (or don't know that they have) to send documents to the Trustee. In such cases, their cases will experience delays or could be dismissed.

The Bankruptcy Court has a pro-se attorney to answer questions that you may have about filing your own bankruptcy. So, if you enjoy doing research, and have time on your hands, go ahead and try it.