How Our Bankruptcy Attorneys Can Help with Your Bankruptcy Filing
Debt Relief Attorneys
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Debt Relief Attorneys
Learn about your options.
See what you can save.
Contact Us Today.
Bankruptcy Attorneys for Debt Relief
If you have been searching for a bankruptcy attorney in New York, The Law Offices of Kenneth H Dramer PC has a team of experienced bankruptcy lawyers, debt lawyers and finance professionals that can also help. We not only charge lower fees than the competition but can spread our fees out for you over time and will start to work on your case for as little as $100 down! Put an end to those harassing collection calls and get the piece of mind one a debt attorney can help you achieve. Eliminate your debt and get a fresh start. If you need a debt lawyer in New York to file a bankruptcy for you do not hesitate to call us.
A Bankruptcy Attorney Will Explain the Difference in the Types of Bankruptcy
While there are many types of bankruptcy associated with consumer debt and business debt relief, the three most common types that a bankruptcy attorney from The Law Offices of Kenneth H Dramer PC may deal with on a day to day basis are as follows:
Chapter 7 Bankruptcy
Chapter 11 Bankruptcy
Chapter 13 Bankruptcy
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Stop Collectors Dead in their Tracks
Your creditors and collectors will know of our representation upon receiving a copy of your limiter power of attorney form and it enables us to take over all collection phone calls on your behalf before your petition is even filed!! This way you’ll spend less time listening to your phone ring and dealing with or hiding from collectors and can get back living your life! Being stress free is just as important as being debt free! If any 3rd party debt collector continues to contact you after receiving our power of attorney notification they are in violation of federal law and we can sue them for you and win you money which can help pay for your bankruptcy. Once your bankruptcy is filed, creditors are required to cease collection attempts so they cannot try to collect on your debts unless they go through the bankruptcy court system.
What Debts are Dischargeable through Bankruptcy
Debts Discharged Bankruptcy:
- credit card debt including store cards and gas cards
- personal unsecured loans
- medical debts
- lawsuits including judgments
- lease and contract debts
- most other liabilities that don’t fall into another category described as non-dischargeable.
Only Chapter 13 Can Discharge:
- Marital debts incurred through divorce other than child or spousal support
- Debts incurred by paying non-dischargeable tax obligations
- Court fees
- Home Owners Associates fees for Townhouses, Condo’s and Co-ops
- Retirement plan loans
- Debts not discharged in a prior bankruptcy.
In Certain Circumstances:
- Student loan debts can be discharged if proven to cause undue hardship
- Income tax debts can be discharged if:
- the tax year(s) in question are least 3 years ago
- the return(s) were filed at least 2 years ago
- your obligation(s) was assessed at least 240 days ago
- and there has been no fraud or willful evasion
Creditors May Object to the Following:
- debts from fraud
- debts from writing a bad check including Casino Markers.
- recently purchased luxury items over $675
- recent cash advances over $950
- debts from willful and/or malicious acts
- debts from embezzlement, larceny, or breach of fiduciary duty
Debts NOT Discharged in Bankruptcy:
- Child support
- Government fines and penalties
- Certain tax debts that don’t meet the discharge criteria
- Liabilities resulting from illegal activity including driving while intoxicated
- Debts not listed in your bankruptcy petition
Free Case Evaluation
Fee Payment Plans
Get a Fresh Start
Free Case Evaluation
Fee Payment Plans
Get a Fresh Start
Honest, Experienced, Professional & Low Fees
Each on staff trained bankruptcy attorney as well as our certified debt relief lawyers and paralegals are trained to ask the right questions to learn about your specific situation. Based on your current income and status of your assets and other particulars of your finances, we will determine which course of action will work best for you. We do not only offer one path, as no one single process that can solve everyone’s needs. Our bankruptcy lawyers will take our time with you to make sure you understand the particulars of your case so that together we can decide the safest course of action for your specific situation.
Since we only offer services for those struggling financially, our clients don’t have money to spare. Unlike a general practitioner that practices in numerous areas of law, we charge low fees, making our services affordable for anyone that needs help. Being that we are Debt Lawyers and only deal with clients in debt, if we charged fees like most other attorneys we wouldn’t have any clients that could afford us! We are one of the few firms that can establish a payment plan for our clients to pay our fees over time making our services affordable to those in need. We will start working on your case for as little as $100 down and will send a limited power of attorney forms to all your creditors and collectors notifying them not to contact you!
Eliminate Your Debts
Bankruptcy is an excellent option for you if you’re overwhelmed by your debt – whether on time, slightly behind, way behind, being sued, or having major mortgage problems including foreclosure. Even certain tax debts can be included in a bankruptcy filing. Though it is the least expensive debt relief option, there are long-term costs associated with a bankruptcy, so we only recommend it as a last resort to eliminate most or all of your debts.
Liens are Not Dischargeable by Filing Bankruptcy by Itself
A lien will not be removed from when the underlying obligation is discharged. No new liens can be filed as a result of debt discharged through bankruptcy so you won’t have to worry about new liens, bank freezes, or wage garnishments from the obligations that qualify for discharge. This is the same with any type of lien whether tax-related or a judgment creditor lien. Filing bankruptcy will relieve you of your responsibility to pay the debt; however, any liens entered prior to filing will remain. If your assets are exempt as per your state or federal guidelines, a lien can be removed by filing a motion to avoid the lien (separately from your bankruptcy filing). Judgment creditor lien avoidance will work in Chapter 7 or Chapter 13 Bankruptcy, but tax liens are only avoidable through Chapter 13. When filing Bankruptcy, the amount of the lien you can avoid is the amount above, and beyond the equity exemption of the asset in question, the amount within the exemption will have to be paid.
There is no obligation, so don’t delay.
Get Your Free Consultation Today
The Law Offices of Kenneth H Dramer PC is based in the New York City area and have expanded our practice with attorneys throughout the country. We are staffed by some of the most experienced debt lawyers, bankruptcy lawyers, mortgage & debt specialists and paralegals, all dedicated to helping people from all walks of life receive safe, effective professional help for their debt-related issues. Call NOW or click here to complete our bankruptcy evaluation questionnaire through a secure portal and one of our advisors will help you started on your path to financial freedom.
Learn More About Consumer Bankruptcy
No matter the option you choose, our law firm has the Consumer Debt Relief options to help pay off your debt in a much timelier manner and will help with budget counseling to ensure when we get you out of debt, that you stay out of debt!
Learn About Chapter 7 Bankruptcy
Also known as liquidation bankruptcy, a Chapter 7 Bankruptcy will eliminate your debt with either a very minimal payment on your part or no payment at all. If you qualify, this is the fastest and cheapest way to get rid of your debts. Your case will be filed then discharged within 90 days – leaving you debt free and stress free. A bankruptcy attorney will help determine if your assets will are safe or if a different option may be better for your scenario.
Learn About Chapter 13 Bankruptcy
Chapter 13 Bankruptcy doesn’t eliminate your debts within 90 days like a Chapter 7 would, but instead establishes a payment plan for you to repay your creditors or collectors over a period of either 36 or 60 months. You will end up paying back either a percentage of your debts or your debts in their entirety. Typically, secured debts are paid back first, then as much of your unsecured debts are paid back as possible. We offer free consultations so call today!
Filing Bankruptcy for Your Back Income Taxes
The only type of debt that is dischargeable through bankruptcy is income tax. If your back tax issues arose from anything other than income tax, you would still be required to pay those taxes back. If you have non-income tax debts, when you file bankruptcy, those obligations will remain after the close of your Chapter 7 case, or you will be required to repay those debts in full through a Chapter 13 bankruptcy payment plan.
The Requirements for Income Taxes to be Discharged
ALL of the following requirements must be met in order for your income tax debt to qualify for discharge:
- You Did Not Commit Fraud or Intentionally Avoid Paying
- The back income tax obligation is from three or more years ago.
- You have filed tax returns for the income tax in question at least 2 years prior to filing bankruptcy.
- The IRS assessed the back income tax debt at least 240 days prior to your filing bankruptcy.
Tax Debts that are Not Dischargeable in Bankruptcy
In addition to tax liens that cannot be avoided, most other tax debts not income related, are not able to be discharged by filing bankruptcy. The following debts won’t be discharged in Chapter 7 bankruptcy:
- Property Taxes More than One-Year-Old if No Penalties were Incurred and no Lien Exists
- Sales Taxes
- Employer or Trust Withholding Taxes
- Excise Taxes
- Certain Custom’s Duties and Taxes
- Incorrect Tax Refunds or Credits Regarding Taxes that are Not Dischargeable.
Our Client Service Representatives Deal on a One-on-One Basis
This means you will speak to the same person each time, should you need to contact us. The representative that explains everything to you is the one that you will remain in contact with and will be up to date on your case. This further ensures that they will do their best to tell you everything possible in store ahead in order to manage your expectations of whatever process it is that you choose to retain us for as you will build a relationship over time with the same person. Our employee retention ratio is near 100% so the likelihood of your personal representative even leaving us is slim. We have happy employees here and happy employees make for happy clients!
It is for these reasons among others we urge you to call for a free consultation. It will not only save you the time of reading but also potentially from misinterpreting any of the information on our site. If you are unable to call now and want to continue trying to figure this out on your own, please by all means, continue reading further.
Here’s How We Help
Our staff is trained to ask the right questions to learn about your whole situation. Any member of our law firm that will consult with our clients is well qualified with a MINIMUM OF 10 YEARS EXPERIENCE in dealing with debt negotiations! You will then be sent our prequalification questionnaire to complete which you will send back along with your household’s proof of income.
Before making any recommendation a Bankruptcy Attorney will analyze your current situation including your assets and liabilities as well as your current income. If you are qualified you can proceed to retain our services for as little as $100 down!
Once retained, we immediately send a notice of limited power of attorney to any creditor or third party that is currently trying to collect the money you owe. This requests all calls and notices be directed to our law firm enabling us to deal with your creditors and their collection activity for you. Doing so helps curb the collection efforts towards you allowing us to do what we do best in dealing with the collectors thus saving you from the harassment.
We then prepare your bankruptcy petition to include all your dischargeable debts and have it filed with the court once your fee is paid and you have reviewed the petition for accuracy. Along with one of our attorneys, you will attend a brief court date known as the 341 meeting of creditors.
About 60 days after your bankruptcy court date, your qualified debts will be discharged. Going forward, to assist you with your fresh start, we offer budget counseling to ensure that you spend your money wisely to help ensure that once you’re out of debt, you stay out of debt.
The Law Offices of Kenneth H. Dramer PC helps individuals and businesses that are experiencing financial difficulties. We have offices to serve New York City and Long Island as well as Upstate NY in addition to Of Counsel attorneys in states throughout the country so WE CAN USUALLY HELP NO MATTER YOUR LOCATION! If you or your business have a debt obligation that you cannot afford, call today so one of the most experienced debt lawyers, debt relief professionals, bankruptcy lawyers, and other debt specialists can help you! There is absolutely no obligation, so don’t hesitate to give us a call or visit our Contact Us page to learn how you can get out of debt and take control of your financial future.
Without a plan that fits your budget, financial problems can spiral out of control and you can fall further into debt.
If you are starting to struggle with your finances or have already fallen behind, don’t risk your financial future by delaying causing creditors to sue you or seize your assets. With most of our debt relief options, you will have the ability to choose which of your accounts you want to have included and which you do not.
Whether your situation calls for debt consolidation, debt management, debt settlement, or bankruptcy, when you hire the debt lawyers and experts at Dramer Law – we get the job done!
Getting Started is Easy
Call Now for Your Free Consultation
Call today for your free consultation with an experienced member of our team who will ask the right questions to determine the best course of action. They will go over each option that will make sense for your situation and will be sure to discuss in detail the pros and cons of each.
See How Much Money We Can Save You
Each option will have its own savings potential. Keep in mind the greater the downsides a choice may have the greater the potential for savings. Our debt relief representatives will be sure you understand the cost benefits and will be sure to disclose our fees fully.
Retain Our Law Firm and Let the Savings Begin
Once retained, we waste no time in taking action. We will work quickly and efficiently to bring a successful resolution to your situation. You will be assigned a specific member of our team that will be in constant contact with you throughout the process.
Why Choose Dramer Law for Your Bankruptcy?
Debt is Our Specialty
Other companies and law firms offer debt relief – we specialize in it! We do not offer any services that aren’t strictly related with clients that are struggling financially so our clients have unique needs, compared to those of other law firms, that we can cater to. We offer all debt relief options and we service our clients like family.
Since our clients don’t have tons of money to spare like attorneys that practice in other areas of law, we charge low fees, making our services affordable for anyone that needs help. Unless your case involves an adversarial proceeding court, our service fees are flat rate and can be paid over time.
We get the job done and are that confident of our ability to help with any situation you can throw at us that we don’t discharge your debts for you we will refund your money – GUARANTEED! We will either save you money or you will not pay us!
One on One Client Service
All of our client relationships are One on One. You’ll have one individual client service representative that will be your point of contact and you’ll build a relationship with them so they’ll know exactly what you are going through. Aside from treating you with the upmost care possible, this means you won’t have to deal with multiple people and re-explain your situation to a different person each time you call. This saves time for you and eliminates any extra stress for you as time is money and being stress free is just as important as being debt free!
Client Service Response Time
We are all dedicated to providing the best possible experience while achieving results. We are available long hours but should we happen to be unavailable for any reason we pride ourselves on returning calls and emails right away, not several days later like most attorneys.
Many bankruptcy attorneys will take your money first and figure out if you qualify afterward. If you don’t qualify, they will keep some or all of your fees. These same attorneys spend weeks and months before filing your case as your debts fall further behind and into legal status. At Dramer Law, we prequalify you at no cost and only will allow you to hire us if you are qualified. We then don’t delay. Once your fee is paid, we’ll be ready to file your case right away!
We can help you if any of the following are true for you:
- You struggle paying your bills
- You use credit cards for purchases you can’t afford
- You don’t qualify or don’t want a loan
- You are delinquent with one or more of your bills
- You are receiving collection calls and notices
- You have been sued
- A property lien, bank levy, or wage garnishment is being enforced against you
- You want to Avoid OR want to File Bankruptcy
With Multiple Options & Experienced Staff,
We’ll Have the Debt Relief Solution to Fit Your Needs
Have You Been Sued?
If one or more legal actions have been taken against you, and want to avoid bankruptcy, we can usually negotiate a settlement without having you even step foot in a courtroom. If it is necessary to go to court, our debt attorneys can provide the debt collection lawsuit defense you will need to either buy time for you to gather funds to settle with or, through litigation and just cause, can result in the dismissal of a pending lawsuit. If you were sued a long time ago but didn’t do anything about it, there may now be one or more judgments obtained against. Whether there have been no post-judgment collection efforts or if the judgments are being enforced by way of lien, levy, or garnishment, we can usually still negotiate an agreement to save you money, or at the very least unfreeze your bank accounts to enable you access to your money.
If you are not trying to avoid bankruptcy, our bankruptcy lawyers can help you file for either Chapter 7 or Chapter 13 to rid you of your debts. Simply put, we do it all so one way or another we will be able to help you!
Bankruptcy – Frequently Asked Questions
Read More by Expanding Each Item Below:
Q: What Is Bankruptcy?
Bankruptcy is a legal proceeding in which a person who cannot pay his or her bills can get a fresh financial start. The right to file for bankruptcy is provided by federal law, and all bankruptcy cases are handled in federal court. Filing bankruptcy immediately stops all of your creditors from seeking to collect debts from you, at least until our debts are sorted out according to the law.
Q: What is the difference between unsecured and secured debt?
The difference between a secured and unsecured debt is that a tangible asset does not back unsecured debt and secured debt is a debt where the debtor has given up the right to some type of asset/collateral in order to receive a loan.
In the case of an unsecured debt, to obtain a loan, the borrower does not have to put up any collateral. The most common types of unsecured debts are credit cards, department store cards, gas cards, medical bills, utility bills, and personal or signature loans. Since there is no asset backing the loan, should you fail to make timely payments on an unsecured debt, there is nothing for the creditor to take back.
In the case of a secured debt, when a borrower fails to make timely payments, the creditor is entitled to repossess the asset that is securing the loan and sell it. If a creditor sells the asset they have reposed, but the entire debt has still not been paid, the borrower can still be liable for the unpaid balance. Therefore, when the property that is securing the debt has already been repossessed and sold by the creditor, it is possible for a secured debt to become an unsecured debt. The two most common types of secured debts are home loans and car loans.
We can help you whether you are having trouble with a secured or an unsecured debt. Our counselors will help you decide what process will be right for you based on the type of debt that you have and your specific financial situation.
Q: What type of debt can you handle?
The Law Offices of Kenneth H Dramer, PC offers a variety of different services in order to ensure that no matter what your individual needs or financial hardships are that we will be able to provide the right service to you. We have processes to help you no matter what type of debt you are in, whether it be secured or unsecured debt. We are an industry leader in all forms of legal debt negotiation, and along with our affiliates we can help you with any of the following types of debt:
- Credit Cards
- Department Store Cards
- Gas Cards
- Medical Bills
- Collections Accounts
- Unsecured Loans
- Unsecured Lines of Credit
- Repossessed Vehicle Loans
- Fair Debt Collection Practices Act Violations
- Home Loans
- Home Foreclosures
- Tax Debts
- Judgment Accounts
- Creditor Harassment
- Repossessed Vehicle Loans
- Defense Litigation for Creditor Lawsuits
No matter how difficult your financial predicament is, we will most likely be able to help you. Our counselors are here to help you decide what process will be right for you based on the type of debt that you are in and your specific financial situation.
Q: What Can Bankruptcy Do for Me?
Bankruptcy may make it possible for you to:
- Eliminate the legal obligation to pay most or all of your debts. This is called a “discharge” of debts. It is designed to give you a fresh financial start.
- Stop foreclosure on your house or mobile home and allow you an opportunity to catch up on missed payments. (Bankruptcy does not, however, automatically eliminate mortgages and other liens on your property without payment.)
- Prevent repossession of a car or other property, or force the creditor to return property even after it has been repossessed.
- Stop wage garnishment, debt collection harassment, and similar creditor actions to collect a debt.
- Restore or prevent termination of utility service.
- Allow you to challenge the claims of creditors who have committed fraud or who are otherwise trying to collect more than you really owe.
Q: What Can’t Bankruptcy Do For Me?
Bankruptcy cannot, however, cure every financial problem. Nor is it the right step for every individual. In bankruptcy, it is usually not possible to:
- Eliminate certain rights of” secured” creditors. A creditor is “secured” if it has taken a mortgage or other lien on property as collateral for a loan. Typical examples are car loans and home mortgages. You can force secured creditors to take payments over time in the bankruptcy process, and bankruptcy can eliminate your obligation to pay any additional money on the debt if you decide to give back the property. But you generally can not keep secured property unless you continue to pay the debt.
- Discharge types of debts singled out by the bankruptcy law for special treatment, such as child support, alimony, most student loans, court restitution orders, criminal fines, and most taxes.
- Protect cosigners on your debts. When a relative or friend has co-signed a loan, and the consumer discharges the loan in bankruptcy, the cosigner may still have to repay all or part of the loan.
- Discharge debts that arise after bankruptcy has been filed.
Q: Will Bankruptcy Wipe Out All My Debts?
Yes, with some exceptions. Bankruptcy will not normally wipe out:
- Money owed for child support or alimony;
- Most fines and penalties owed to government agencies;
- Most taxes and debts incurred to pay taxes which can not be discharged;
- Student loans, unless you can prove to the court that repaying them will be an “undue hardship”;
- Debts not listed on your bankruptcy petition;
- Loans you got by knowingly giving false information to a creditor, who reasonably relied on it in making you the loan;
- Debts resulting from “willful and malicious” harm;
- Debts incurred by driving while intoxicated;
- Mortgages and other liens which are not paid in the bankruptcy case (but bankruptcy will wipe out your obligation to pay any additional money if the property is sold by the creditor).
Q: What Different Types of Bankruptcy Cases Should I Consider?
There are four types of bankruptcy cases provided under the law:
- Chapter 7 – For individuals and businesses
- Chapter 11 – For certain individuals and businesses
- Chapter 12 – For family farmers and fishermen
- Chapter 13 – For individuals and certain businesses
Most people filing bankruptcy will want to file under either chapter 7 or chapter 13. Either type of case may be filed individually or by a married couple filing jointly. Businesses can file under chapter 7 or chapter 11.
Q: Can I Own Anything After Bankruptcy?
Yes! Many people believe they cannot own anything for a period of time after filing for bankruptcy. This is not true. You can keep your exempt property and anything you obtain after the bankruptcy is filed. However, if you receive an inheritance, a property settlement, or life insurance benefits within 180 days after filing for bankruptcy, that money or property may have to be paid to your creditors if the property or money is not exempt.
Q: Will I Have to Go to Court?
In most bankruptcy cases, you only have to go to a proceeding called the “meeting of creditors” to meet with the bankruptcy trustee and any creditor who chooses to come. Most of the time, this meeting will be a short and simple procedure where you are asked a few questions about your bankruptcy forms and your financial situation.
Occasionally, if complications arise, or if you choose to dispute a debt, you may have to appear at a hearing. In a chapter 13 case, you may also have to appear at a hearing when the judge decides whether your plan should be approved. If you need to go to court, you will receive notice of the court date and time from the court and/or from your attorney.
Q: What Else Must I Do to Complete My Case?
After your case is filed, you must complete an approved course in personal finances. This course will take approximately two hours to complete. Many of the course providers give you a choice to take the course in-person at a designated location, over the Internet (usually by watching a video), or over the telephone. Your attorney can give you a list of organizations that provide approved courses, or you can check the website for the United States Trustee Program office at www.usdoj.gov/ust. If you can not afford the fee, you should ask the agency to provide the course free of charge or at a reduced fee. In a chapter 7 case, you should sign up for the course soon after your case is filed. If you file a chapter 13 case, you should ask your attorney when you should take the course.
Q: Will Bankruptcy Affect My Credit?
Unfortunately, if you are behind on your bills, your credit may already be bad. Bankruptcy will probably not make things any worse.
The fact that you’ve filed a bankruptcy can appear on your credit record for ten years from the date your case was filed. But because bankruptcy wipes out your old debts, you are likely to be in a better position to pay your current bills, and you may be able to get new credit.
If you decide to file bankruptcy, remember that debts discharged in your bankruptcy should be listed on our credit report as having a zero balance, meaning you do not owe anything on the debt. Debts incorrectly reported as having a balance owed will negatively affect your credit score and make it more difficult or costly to get credit. You should check your credit report after your bankruptcy discharge and file a dispute with credit reporting agencies if this information is not correct.
Q: Can I File Bankruptcy Without an Attorney?
Although it may be possible for some people to file a bankruptcy case without an attorney, it is not a step to be taken lightly. The process is difficult and you may lose property or other rights if you do not know the law. It takes patience and careful preparation. Chapter 7 (straight bankruptcy) cases are somewhat easier. Very few people have been able to successfully file chapter 13 (reorganization) cases on their own.
Q: Why should I choose the Dramer Law Firm?
The Law Offices of Kenneth H Dramer, PC is an industry-leading debt relief law firm that is fully dedicated to your success. Our attorneys are experts in the laws that govern the industry and your creditors. With roughly 25 years of experience, we have gained the necessary knowledge and understanding in dealing with every facet