Carl Nelson

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Bankruptcy: Chapter 11 Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Debt Relief

Real Estate Law: Commercial Real Estate, Condominiums, Mortgages, Residential Real Estate

Legal Answers

Q. What are the fees to file for Chapter 13 bankruptcy in New York?: March 27, 2025; A: The filing fee for a chapter 13 is $313 and there are other costs such as credit counseling fees (between $10 and $40) that are mandatory. However, as others have pointed out, you really should consult with a New York attorney before making any decision that has such significant legal and financial implications. Many will offer free consultations and can offer phone or virtual consultations so you at least understand the total costs (including the attorney fees) and various options related to a bankruptcy filing.

Q. How can probate stop foreclosure and allow time to sell my house in NY?: March 18, 2025; A: If the foreclosure was just filed (as your questions suggests) it may not yet be the right to to consider a bankruptcy; especially if that is the only issue you are trying to resolve. If by "paperwork" you were referring to a notice of a sale, then that is a different story and you may well be in need of a bankruptcy. (Based on how you phrased the language, it sounds like you may be referring to a 90-day pre-foreclosure notice.)

There are a number of ways to deal with a mortgage loan in default in the foreclosure process, which starts with a mandatory mediation called a foreclosure settlement conference. In addition, if the estate was not named as a defendant, New York law requires the action to be stayed until the proper parties are named. I would strongly suggest you contact an attorney who has experience in both foreclosure defense and bankruptcy practice as you will want to properly assess your options. ... Read More

Q. I want a lawyer to look into my mortgage payments and paperwork: December 16, 2024; A: This is a Q&A forum, and you did not ask a specific question. However, you can use this site to search for an attorney with mortgage experience; many will offer a free consultation to evaluate your case. Best of luck.

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