Whitney Point, NY Bankruptcy Law Firms & Lawyers

Now is a good time to do some bankruptcy planning with a qualified bankruptcy attorney. The brokerage account causes me some concern since it is unclear that the money would be exempt under Ohio law. An initial consultation may not cost you a dime and the insight you get should be worth a lot.

11 USC sec 362 stays civil actions to collect debts and enforce contracts, it does not stay criminal or administrative actions which are not directed to collecting debts (such as your action to revoke your license). Bankruptcy and the automatic stay are Federal law and are generally exempt from regulation by state statutes. An objection or adversary proceeding based on fraud in the bankruptcy court only goes to the issue of whether the debt is dischargeable in the bankruptcy. Not whether the debt is civil or criminal fraud under state law. Now there is always an issue of debtor harassment by a stayed creditor. If there really isn't any evidence to support the charge at the state DOI, then you should notify the creditor that the only rationale purpose for this action is obviously to force you to repay a dischargeable debt and that you will seek sanctions from the bankruptcy court. Bankruptcy court has a big advantage over state court because if you win, the creditor has to pay your legal costs There is also the possibility of a defamation case in state court. If the creditor lied to the DOI - and you can prove it (since complaints are generally in writing, this should be easy to ascertain), you can sue them for libel.

IN NJ, you can file a C13 four years after the C7. Not before. You are saying it differently in your text, that it was a C13 first, which would also require at least four years, unless it is w/o discharge.