One of the most common concerns when considering bankruptcy is whether you can file and keep your car. While Buffalo has public transportation options, most people in Buffalo and the surrounding areas are dependent on a personal vehicle. The good news is that almost all bankruptcy filers can retain their vehicle in bankruptcy. In a … Continue reading Can I Keep My Vehicle in Bankruptcy?
Category: Bankruptcy
The Chapter 7 Meeting of Creditors (a/k/a the 341 meeting) takes place about a month after the case is filed. At this meeting, the trustee assigned to the case asks questions of the filer relating mostly to assets and transfers. Most of the questions are a review of information already provided in the filed bankruptcy … Continue reading Chapter 7 Meeting of Creditors – What Will the Trustee Ask?
Virtually all individuals who file for bankruptcy must complete a pre-filing and a post-filing credit counseling course to be eligible to file and obtain a discharge of debts. These courses are usually completed on the internet, though telephone and in-person options are available. Each course typically lasts around 2 hours. There are many providers that … Continue reading Bankruptcy Credit Counseling Requirements – An Easy Hoop to Jump Through
For many people, a retirement account is their largest asset. Fortunately, most retirement assets are protected when filing a Chapter 7 or Chapter 13 bankruptcy. Pensions, 401(k) or 403(b) plans, and IRAs are the most common retirement assets, and the "fresh start" afforded by filing for bankruptcy includes the ability to keep these benefits. Potential … Continue reading Retirement Accounts in Bankruptcy
In general, if you are even remotely considering bankruptcy as a solution, you should consult with an attorney before making any financial decisions because the law can affect you and those you care about in surprising ways. If you owe money to family and/or friends, it is natural to want to take care of them … Continue reading Insider Creditors – Don’t Repay Money Owed To Mom and Dad (yet)
As I write this in August 2020, tax refunds may not be at the forefront of your mind. Most people have filed and received their refunds (if any) by now, even with the extension to file. However, this is the time of year when future tax refunds begin to play a larger role when planning … Continue reading Will the Trustee Take My Tax Refunds?
Reviewing your credit situation is worthwhile, whether you are sure you know who your creditors are and how much you owe, or are in the dark due to older debts that may have been sold or transferred. The information that credit bureaus and other companies have about you may simply be incorrect. You may have … Continue reading Review and Take Control of Your Credit Information
Chapter 13 bankruptcy is a powerful tool to cure mortgage arrears and save your home from foreclosure.
The coronavirus pandemic has hurt a huge number of people financially, and with the unemployment benefit increase set to expire at the end of July, it will only get worse. Our Bankruptcy Court in the Western District of New York has remained open for case filing throughout the crisis, with most matters, including the "Meeting … Continue reading Bankruptcy & COVID-19
After practicing for 12 years at a small Buffalo firm, I recently left to begin a solo law practice focusing on helping individuals file for Chapter 7 and Chapter 13 bankruptcy. It's a bit of a challenge to go from an office with several attorneys, paralegals, assistants, and a receptionist, to handling everything solo. The … Continue reading A New Law Practice
Michael F. Barrett 