Michael O'Leary
Practice limited to bankruptcy and closely related matters. Free consultations.Michael O’Leary, Esq. devotes his entire practice to consumer bankruptcy law, handling cases under Chapter 7 and Chapter 13 for individual persons, married couples and small businesses. In addition to having filed several thousand consumer bankruptcy cases for clients and having counseled many thousand more, Michael O’Leary served as a Chapter 7 Bankruptcy Trustee in the Poughkeepsie (NY) Bankruptcy Court for seventeen (17) years (i.e. 1994 thru 2011), and administered well over ten thousand (10,000) Chapter 7 cases while serving in said capacity. Mr. O’Leary has established a well-deserved reputation as an attorney who capably and successfully represents his clients throughout the bankruptcy process, and is a Past President of the Hudson Valley Bankruptcy Bar Association. Having practiced consumer bankruptcy law for forty (40) years, Michael O’Leary brings to each case that he handles a very broad and deep understanding of consumer bankruptcy practice, and with this broad experience, he is uniquely able to navigate his clients through the bankruptcy process.
- State University of New York - Buffalo
- J.D. | Law School
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- State University of New York - Binghamton
- B.A. | Political Science
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- Attorney--Partner
- Hayward, Parker & O'Leary, Esqs.
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- Consumer bankruptcy attorney handing Chapter 7 and Chapter 13 cases and small business Chapter 7 cases
- Chapter 7 Trustee panel member
- Office of United States Trustee
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- Administering Chapter 7 bankruptcy cases filed in the Poughkeepsie Division of the Southern District of New York
- Associate Attorney
- John C. DiPirro, Esq.
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- Consumer bankruptcy attorney handling Chapter 7 and Chapter 13 cases and small business Chapter 7 cases
- National Association of Consumer Bankruptcy Attorneys
- Member
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- American Bankruptcy Institute
- Member
- Current
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- Hudson Valley Bankruptcy Bar Association
- Member--Past President
- Current
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- Capital Region Bankruptcy Bar Association
- Member
- Current
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- National Association of Bankruptcy Trustees
- Member
- Current
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- National Association of Chapter 13 Trustees
- Member
- Current
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- New York
- New York State Office of Court Administration
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- Southern District of New York
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Free Consultation
Prefer in-person consultations at my office, as (in my view) this leads to the best exchange of information. Will do telephonic or Face Time consultations in appropriate circumstances, such as our current pandemic situation.
- Bankruptcy
- Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Debt Relief
- English: Spoken, Written
- Q. Do you have to report social security benefits in Chapter 7 filing?
- A: Social Security benefits do not have to be included in your Means Test. These benefits should be listed in Schedule I (Income) of your bankruptcy petition, but the entire amount can be "backed out" on Schedule J (Expenses), as 42 USC 407 makes it clear that Social Security benefits have no application in bankruptcy cases.
- Q. Is there a minimum repayment plan amount when filing a ch13 in NY Southern District court ?
- A: An $80 per month Plan can be confirmed. The Ch. 13 Trustee in the Poughkeepsie Court objects to Plans featuring payments of less that $50 per month, and frequently will try to get a low paying Plan increased to $75 per month, but $80 per month will clearly work. Tax refunds received during the Plan that exceed $1,500 per debtor per year must be contributed to the Plan as well.
- Q. Filed ch7 bankruptcy 5 yrs ago. Need to file again. Unsecured debt only, under median income no disposable income.
- A: In the Poughkeepsie Division of the SDNY, where I practice, for a Chapter13 Plan to be confirmed it must provide for a monthly payment of at least $50 to $75. Your payment may have to be greater, in order to comply with the hypothetical liquidation analysis prong of the requirements for confirmation. Suggest you contact a competent bankruptcy attorney to proceed.