Licensed New York Bankruptcy Lawyer Knows State Exemptions
Persons living in the state of New York, filing for bankruptcy, may not realize that some state laws govern the qualifications for filing bankruptcy and hiring a New York bankruptcy lawyer can help them with the process. While bankruptcy court is through the federal court system, some aspects of bankruptcy is governed by state laws, such as the amount of assets that a person can maintain for themselves, free from creditors. The amount exempt for the price of vehicle, for example, varies from state to state, and a New York bankruptcy lawyer will know what the exemptions are in that state.
Additionally, most courts determine the qualifications of an attorney to appear before a bankruptcy court based on the state in which they are licensed to practice law. In order to work on cases in bankruptcy court in the state, a New York bankruptcy lawyer must be licensed in New York and approved by the court. A lawyer licensed in the state will also be able to determine if a prospective individual meets the income means test and which type of bankruptcy they are qualified to file.
Under the new bankruptcy laws that became effective in 2005, a person's income cannot exceed the average current monthly income in the area in which they reside. There may also be a difference in residency requirements prior to filing for bankruptcy and a New York bankruptcy lawyer will be able to counsel individuals on their ability to meet legal challenges to their filing.
All Filings Open For Peer Review
Whenever a person files for bankruptcy, the proceedings, according to law, are open for viewing by nearly everyone. Most bankruptcy records are now available online and virtually any part of every proceeding is an open book to a person's financial past. A New York bankruptcy lawyer will be able to explain why the records are open and how they serve as an embarrassing reminder to the individual that they need to keep their house on a proper financial foundation.
Most parts of the new bankruptcy law are governed by federal statute, and all state lawyers are required to follow the process. However, certain exemptions follow individual state guidelines and a New York bankruptcy lawyer can help determine if all the guidelines are met prior to filing. If any part of the court filing is found to be in error, the entire case can be dismissed and creditors can then as the judge to grant them the amount owed by the creditor.