Consumer Bankruptcy Lawyers in Niagara Falls, New York

Find the right Consumer Bankruptcy attorney in Niagara Falls, NY

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Bankruptcy is a court proceeding which lets a person or business have some or all of their debts excused. It should typically 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. Since it's a product of federal law, bankruptcy is handled in federal courts. Therefore, the rules and procedures governing it in New York will be the same as anywhere else in the country. Distinct courts in Niagara Falls, New York will have some unique rules, however, so you should consult with a local lawyer before you file.

Chapter 7 Bankruptcy in Niagara Falls, New York

There are 2 typical types of consumer bankruptcies in Niagara Falls, New York: Chapter 7 and Chapter 13 bankruptcy. Chapter 7 liquidates some of the debtor's assets. It requires a certain percentage of the debtor's assets to be sold off to pay as much of his or her debt as possible. However, many types of property that most people own are exempt, meaning that they don't need to be sold. This often includes houses, vehicles, insurance policies, and necessary personal items, like clothing. These assets are not available to creditors.

Once eligible assets are sold, and the proceeds turned over to the creditors, most remaining debt is absolved. However, some types of debt cannot be discharged in bankruptcy, including student loans, taxes, child support, personal injury awards, and fines. If most of your debt in Niagara Falls, New York is not dischargeable, you might want to consider other options besides bankruptcy.

Chapter 13 Bankruptcy in Niagara Falls, New York

In Niagara Falls, New York, chapter 13 is very different from Chapter 7, and may or may not be the best option for you, depending on your situation. Chapter 13 does not excuse debt, but restructures it instead. Typically, various debts are consolidated into a single monthly payment. This is designed to make the debt more manageable, giving the debtor the chance to pay off the debt over a longer period of time, without all of it coming due at once. This is typically manageable, as long as the debtor can make some sacrifices.

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

This depends entirely on the facts of your specific case. If you have a decent amount of steady income, and a large amount of non-exempt property which you don't want to part with, Chapter 13 might be the best option for you. If most of your property is exempt, and you don't have much steady income, Chapter 7 might be the best option.

Regardless of your situation, you should speak with an attorney in Niagara Falls, New York who is experienced in bankruptcy before making a decision. They will be able to advise you of your options, and the likely results of each one, allowing you to make a much more informed decision.

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Life in Niagara Falls

Niagara Falls, New York is a city in Niagara County. It is named for the famed waterfall on the Niagara River, where the town is located. It is right across the river from the city of Niagara Falls, Ontario, Canada. Both cities are named for the falls, and form an international metropolitan area. Niagara Falls has a population of about 55,000 people.

The economy of Niagara Falls is largely driven by tourism. Also, the falls provide more than enough hydroelectric power to power the town, giving it a cheap and effectively unlimited energy source. This led to the growth of industry in the town's early days. Modernly, however, tourism (with the falls being a major attraction for visitors from around the world) is the driving force of the local economy. However, this has not been enough to create real prosperity, since the departure of heavy industry. Over the last 40 years, Niagara Falls, New York has experienced severe economic hardship. However, there have been signs of improvement in recent years, and city officials and businesses are working very hard to ensure that this forward momentum continues.

If you live in Niagara Falls, New York, and need a lawyer, chances are good that you can find one. Niagara Falls, New York lawyers are able to handle just about any case that can be thrown at them.