To Our Clients & Prospective Clients -- As of March 18, 2020, Starr & Starr, PLLC remains open for business during the current Corona virus (COVID-19) crisis. We remain in communications with our clients by phone, email and our secure file share site. We are scheduling telephone consultations by phone and video chat. At this time the U.S. Bankruptcy Courts, the U.S. District Courts and New York State Court system are all open. We are continuing to file new cases and process our existing cases.

We hope everyone stays safe throughout these difficult times.

Articles Tagged with chapter 13

Chapter 7 bankruptcy is the most common type of personal bankruptcy and is used to wipe out most types of debts (with certain exceptions).  But, what do you do when you have serious creditor problems, such as collection calls, collection lawsuits, and/or wage garnishments, but can’t afford to file a chapter 7 bankruptcy?

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Do you end up like the person in the image above struggling to try to carry a huge debt burden with no end in sight?   Thankfully, there is a solution.  As pointed out in an interesting article that appeared in ProPublica  by Paul Kiel, a challenge people face is they want to file bankruptcy but lack money to hire a bankruptcy attorney.  The article points out that in the southern part of U.S. more people file 13 bankruptcy than in other parts of the country because in chapter 13 bankruptcy they can pay the bankruptcy attorneys’ fees off over time out of their earnings.

Chapter 13 bankruptcy has been covered in previous blog posts here.  At Starr & Starr, PLLC we typically use chapter 13 bankruptcy to help people in New York City (Manhattan, Bronx, Queens, Brooklyn and Staten Island), Westchester, Nassau and Suffolk Counties save their homes, catch up on back rent, and/or catch up with car payments.  However, we have some clients who want and need to file bankruptcy but don’t have enough money to pay the fees and costs associated with a Chapter 7 bankruptcy, even if we give them a pre-filing installment plan with payments over time.  For those clients chapter 13 bankruptcy can be a way to allow them to file now and pay the attorneys’ fees over time out of their earnings through their chapter 13 plan.  This can be particularly useful for clients whose bank accounts are frozen or have a pending wage garnishment (which stops once the bankruptcy is filed).

For the information of our clients with pending chapter 13 cases in the Southern District of New York and the bankruptcy community at large we are sharing the following information:  effective February 1, 2018, Jeffrey L. Sapir has retired as Chapter 13 Trustee for the Southern District of New York.  Krista M. Preuss has taken over all of the chapter 13 cases that were formerly administered by Mr. Sapir in the Southern District of New York (which is New York County (Manhattan), Bronx County and Westchester County.    A copy of the notice sent out by the new Chapter 13 Trustee can be read here: Notice of Change of Chapter 13 Trustee_effective 2-1-2018

VERY IMPORTANT INFORMATION REGARDING PLAN PAYMENTS:

  1. Trustee will Accept Payment Electronically.   The new Chapter 13 Trustee will accept electronic payments through TFS Bill Pay.  You can sign up for this at https://www.tfsbillpay.com.  We strongly suggest that all our Chapter 13 bankruptcy clients sign up for this.  It will make their lives easier.
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