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Cristina M. Lipan

Cristina M. Lipan

  • Bankruptcy
  • New York
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Biography

Cristina Lipan represents chapter 7 trustees in chapter 7 and chapter 11 bankruptcy cases, as well as representing debtors in chapter 11 bankruptcy cases. A local New York State graduate, Ms. Lipan is admitted to practice in the Southern and Eastern Districts of New York Bankruptcy Courts.

Education
Hofstra University
J.D. (2010) | Law
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Honors: Dean’s Scholar Program Annual Dean’s List for 2007-08 Dean’s List, Fall 2009
Activities: Hofstra Labor and Employment Law Journal, Staff Member Hofstra Law Women, Charitable Events Coordinator, 2008-2009 Participant in the Moot Court Competition, Fall 2008
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City University of New York - Hunter College
B.S. (2007) | Economics
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Professional Experience
Bankruptcy Attorney
LaMonica Herbst & Maniscalco, LLP
- Current
Bankruptcy attorney, chapter 7 and chapter 11.
Attorney
Law Offices of Joseph A. Romano, P.C.
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Bankruptcy Attorney
Shipkevich PLLC
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Bankruptcy Project Manager
Garden City Group, LLC
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• Provided administrative services in complex Chapter 11 cases. • Managed notice and service requirements during a chapter 11 bankruptcy case, including solicitation and public offerings. • Supported business development team by conducting research on distressed companies, while maintaining Salesforce database and preparing various reports.
Bankruptcy Attorney
Borges & Associates
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• Represented creditors in commercial bankruptcy cases. • Followed bankruptcy cases to ensure proper treatment for the client by reviewing case filings such as operating reports, sale motions, and plan and disclosure statements. • Ensured creditors paid by filing claims, preparing motions for allowance and defending against claims objections. • Defended creditors against lawsuits brought by the debtor or trustee, including preference and fraudulent conveyance actions. Reviewed client accounting data and creating defense analyses to find the lowest possible exposure for the creditor. • Researched various facets of the law, including bankruptcy issues and contract disputes. Drafted and filed court documents, including motions and memorandums. • Negotiated settlements for avoidance actions and claims objections. Drafted stipulations of settlement. • Appeared at court hearings, presented oral arguments on submitted motions, and presented various issues and resolutions to the presiding Judge.
Professional Associations
State Bar of New York  # 4896270
Member
Current
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Jurisdictions Admitted to Practice
New York
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Fees
  • Free Consultation
Practice Area
    Bankruptcy
    Chapter 11 Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy
Languages
  • Romanian: Spoken, Written
  • Spanish: Spoken, Written
Legal Answers
Q. Filing a claim for unpaid wages. The company filed chapter 11 in the state of Delaware. I need more information.
A: You will need to file a proof of claim either with the Bankruptcy Court or with the claims agent, if there is one. It depends on the Chapter 11 case. If there is a claims agent, there will be a website with the information needed to file a claim. If not, then you will want to check the Court's docket via pacer.gov to see if there is a deadline set for filing claims and further instructions. You can also contact the Bankruptcy Court help desk for specific information about the case, see https://www.deb.uscourts.gov/court-info.

If your claim is for wages as an employee of the Debtor (the company that filed bankruptcy) you can assert a priority wage claim under Bankruptcy Code 507(a)(4) up to about $15,150 (the amount could be less and depends on when the bankruptcy case was filed). Any amount over this cap is a general unsecured claim.

Make sure you file a proof of claim immediately.
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Q. I am a priority claimant and former employee in a chapter 11 case in South Texas. What support is available to me?
A: There is a statutory limit per employee of about $13,500 or so for priority (exact amount depends when the bankruptcy case was filed). The remaining amount of the claim would be reclassified as a general unsecured claim (unless there is another basis for objection). You may want to reach out to Debtor's counsel if you have questions about the specific objection, but this is a limit imposed by law, there is no other recourse.
Q. When filling out rights to have exemptions designated form, do I have to state that my house is protected by tenancy by
A: This response is assuming you are completing bankruptcy schedules.

Tenancy by entirety is not an exemption, it is only the type of ownership you have, as you mentioned.

On Schedule A/B you list your ownership interest in the Property (tenancy by the entirety).

On Schedule C (Exemptions) this is where you claim your exemption. Claim the full amount of the homestead exemption you are entitled to, regardless of the value you believe you own. If you're using software, you will need to override this as it calculates the difference.

You should speak to a bankruptcy attorney to make sure the real property is protected. Don't make assumptions.
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Contact & Map
LaMonica Herbst & Maniscalco, LLP
3305 Jerusalem Avenue
Suite 201
Wantagh, NY 11793
Telephone: (516) 826-6500