Consumer Bankruptcy Lawyers in Elmont, New York

Find the right Consumer Bankruptcy attorney in Elmont, NY

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Bankruptcy is a court proceeding which lets a person or business have some or all of their debts absolved. It should normally only be considered as an option of last resort, because it can have serious long-term consequences, even if it can stave off financial disaster. This means that the costs and benefits need to be carefully considered before filing. Being a product of federal law, bankruptcy will go through federal courts. Accordingly, the procedure for filing for bankruptcy in New York is basically the same as the procedure anywhere else in the United States. However, individual courts in Elmont, New York will have particular rules for exemptions, so you should speak with a local attorney before filing.

Chapter 7 Bankruptcy in Elmont, New York

There are 2 main types of bankruptcy in Elmont, New York. They are known as Chapter 7 and Chapter 13 Bankruptcy. Chapter 7 involves liquidation of some of a debtor's assets. It requires that a certain percentage of the debtor's property to be sold to pay off as much debt as possible. The majority of property that most people own, however, is exempt. This normally includes homes, vehicles, retirement accounts, and others. These are not available to creditors.

Once qualified assets are sold, and the money turned over to the creditors, most remaining debt is absolved. However, there are certain types of debt that cannot be absolved in bankruptcy, including student loans, taxes, child support, and criminal fines. If most of your debt is non-dischargeable, it may not be a good idea to file for bankruptcy in Elmont, New York.

Chapter 13 Bankruptcy in Elmont, New York

In Elmont, New York, Chapter 13 is very different from Chapter 7. Chapter 13 may or may not be the best choice for you; this depends on the facts of your individual situation. Chapter 13 bankruptcy does not excuse debt, it restructures it. This involves a court coming up with an altered repayment plan designed to be manageable for the debtor. This new plan sets aside the terms of the original contracts that created the debt in the first place. This creates a new payment structure, normally involving a single monthly payment, that the debtor should find manageable.

Which Type of Consumer Bankruptcy Should I File in Elmont, New York

The answer to this question depends heavily on your particular situation. If you have enough steady income to manage a payment plan, and a lot of non-exempt property that you are unwilling to part with, Chapter 13 might be a good option. If you don't have much steady income, and most of your property is exempt, Chapter 7 might be better.

In any case, you should talk with a local Elmont, New York bankruptcy Attorney. Your Attorney can advise you of your options and inform you of their likely outcome. This will make it much easier for your to make an informed choice.

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Life in Elmont

Elmont, New York is an unincorporated community Nassau County, New York. It is a suburb and bedroom community (a community that is almost entirely residential, populated in large part by people who commute to a nearby, larger, city for their jobs) of New York City. Its population is estimated at about 33,000. The community now known as Elmont can trace its roots back to a land purchase in 1650. Dutch colonists established New Amsterdam in the region, and the colony was eventually transferred to the English, who renamed it "New York." In 1905, the Elmont became home to the Belmont Race Track, which is a major venue for horse racing, and hosts one of the legs of the Triple Crown. During the economic boom following WWII, attractive suburban tract homes began springing up in Elmont, which is largely how it adopted its current role as a residential suburb of New York City. Modernly, Elmont, New York is an extremely diverse city, with roughly equal parts of its population (about 40% each) being African-American and white. It also has significant concentrations of several other ethnicities and cultures, reflecting the diversity of New York, and the U.S. as a whole. Elmont, New York attorneys are numerous, and the selection of attorneys in the greater New York City area is practically unlimited. If you're facing a legal issue, it's very like that an Elmont, New York lawyer can help.