Long Island Bankruptcy Attorneys

Bankruptcy is a legal process that can provide enormous benefits. Not only can it offer debt relief, but also peace of mind knowing that you will not be drowning in bills anymore. Filing for bankruptcy, whether as an individual, married couple, or business, can be a highly effective way of regaining financial control of your life, business, or, in some scenarios, both. If you are overwhelmed with debt problems and financial challenges, then consider contacting a Long Island Bankruptcy attorney today to discuss your options.

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Bankruptcy Law

The process of filing for bankruptcy and the following steps are almost always complicated and confusing for even the biggest finance aficionados. One of the first factors you need to determine is your qualifying debt and income. From there, you must quantify your assets, in addition to countless other factors that you must evaluate. After these considerations, you will need to decide if you should file for bankruptcy, and if so, what type of bankruptcy will benefit you most and the one you will ultimately pursue.

In some instances, a corporation or individual will find that a liquidating bankruptcy is unnecessary during the evaluation process, instead opting to restructure their debts in a reorganizing bankruptcy. In either scenario, it would effectively wipe out qualifying debts. Under a bankruptcy plan of reorganization, a business or individual is able to continue to operate and retain their property and assets. Alternatively, a person may find that they need to liquidate, walking away from their assets in exchange for a fresh start from their debts.

Long Island Bankruptcy Attorneys

Long Island Bankruptcy Attorneys

Do you have debts? Are you worried about losing your current assets? Do you feel that there is no way out of your current financial situation? If you feel stressed about your money problems, you may benefit from debt relief provided by bankruptcy. To ascertain the next step in your financial future, it is crucial to consult with a well-qualified and experienced Long Island bankruptcy attorney. Your attorney will look at your situation, identify all potential legal options, and help you start the bankruptcy process.

A well-versed and seasoned bankruptcy lawyer will help you preemptively address all of your financial and legal issues, taking precautionary measures to prevent mishaps from arising and taking necessary action for potential conflicts that may occur after filing. In some cases, some people may benefit from debt management or financial counseling and not have to file for bankruptcy. In other cases, debt negotiation, spearheaded by a knowledgeable lawyer, can help remedy financial problems. Still, in other cases, people will benefit most from adversary proceedings provided under U.S. bankruptcy law.

There are hundreds of factors that you must consider throughout the bankruptcy process. A dedicated Long Island bankruptcy lawyer can lead you through this challenging legal process toward financial recovery.

Continue reading to learn more about the general concept of bankruptcy, the most common bankruptcy filing options, and who these options typically best suit. Contact the attorneys at the Macco Law Firm for a free initial consultation about your financial situation. During your initial consultation, we will discuss your case and develop a clear understanding of your wants, needs, and goals. The sooner you reach out to Macco & Corey P.C., the sooner we can get you on the road to a secure financial future.

Most Common Types of Bankruptcy

Title 11 of the United States Code codifies bankruptcy law in the United States. Title 11 also details the types of bankruptcy options available, including a Chapter 7, Chapter 11, or Chapter 13 bankruptcy. Chapter 7 and Chapter 13 are filed by individuals or married couples. The choice between filing for Chapter 7 or Chapter 13 bankruptcy will be contingent on the debtor’s assets, liabilities, and ultimate goals for bankruptcy relief. Chapter 11, on the other hand, is typically reserved for businesses and a limited number of individuals who fail to meet the requirements of Chapter 13. To learn more about the most common types of bankruptcy, continue reading below.

Chapter 7 bankruptcy is the most common form of bankruptcy. Commonly referred to as “liquidation” bankruptcy, under Chapter 7 bankruptcy, the debtor is not required to file a repayment plan. Rather, the bankruptcy trustee is responsible for gathering and selling the debtor’s non-exempt assets. The trustee then utilizes these proceeds to pay creditors per the provisions of the Bankruptcy Code. Conversely, one of the most significant benefits of Chapter 7 bankruptcy is that the Bankruptcy Code will permit the debtor to retain certain exempt property.  Additionally, part of the value of a debtor’s property may be subject to a secured creditor’s lien, such as a car loan or home mortgage. Secured debts and exemptions help reduce the potential value to a trustee in a hypothetical liquidation. However, as previously explained, the trustee will be responsible for liquidating any unencumbered non-exempt assets to repay the debtor’s creditor. The collection of assets, sale of non-exempt belongings, and redistribution of funds are known as the asset liquidation process.

Who Is Eligible for Chapter 7 Bankruptcy?

The first criterion to qualify for relief under Chapter 7 bankruptcy is the debtor must be an individual, partnership, corporation, or other business entity. The first determination is whether your income is higher or lower than the median income for a household of your size in New York. If your income is lower than the median, then you will generally qualify for Chapter 7 bankruptcy. From there, the bankruptcy “means test” is used to determine whether a debtor’s income is such that the debtor qualifies for Chapter 7 bankruptcy. Typically, the means test will deduct specific monthly expenses from a debtor’s current monthly income. This amount is a debtor’s monthly disposable income. The lower a debtor’s monthly disposable income, the more likely they will be eligible to file for Chapter 7 bankruptcy.

Chapter 11 bankruptcy is commonly referred to as “reorganization” or “restructuring.”  As its name suggests, entities filing under a Chapter 11 bankruptcy are attempting to reorganize or restructure their business debts, assets, and financial affairs. One of the most complex forms of bankruptcy, Chapter 11, is filed by corporations, partnerships, limited liability companies, and other business entities.  While business entities comprise the overwhelming majority of Chapter 11 filing, individuals are not barred from filing for Chapter 11 and may choose to seek relief under Chapter 11 if other options are not available for them under the bankruptcy code. Businesses will typically file for Chapter 11 to keep their businesses afloat while restructuring their debt to creditors. One of the most notable advantages to Chapter 11 bankruptcy is that after the bankruptcy process is complete, entities effectively have a clean slate, so long as they satisfy their commitments under the plan of reorganization.

Who Is Eligible for Chapter 11 Bankruptcy?

There is no “means test” that a debtor must meet to be considered eligible for Chapter 11 bankruptcy. However, an individual is ineligible for Chapter 11 bankruptcy if, during the preceding 180 days, a prior bankruptcy petition was dismissed because of the following:
  • The debtor’s “willful failure” to appear in court
  • The debtor did not comply with court orders
  • Creditors sought relief from the court to recover property upon which they hold liens.
However, there are exceptions to these general guidelines. Petitioning for Chapter 11 is complicated, and the process and qualifications vary on a case-by-case basis. Consulting with an expert bankruptcy will be vital to determining whether you or your business are eligible to petition for Chapter 11 bankruptcy.

Chapter 13 bankruptcy, often referred to as a “wage earner’s plan,” is another type of “restructuring” bankruptcy. However, unlike a Chapter 7 bankruptcy, a Chapter 13 bankruptcy requires filing a repayment plan. The repayment plan option under Chapter 7 gives individuals with a “regular” income the opportunity to determine and control how they will repay their debts. Under a Chapter 13 repayment plan, the debtor is required to contribute payment installments to creditors over a three to five-year time period. One substantial advantage of a Chapter 13 filing is that the law prohibits creditors from any debt collection efforts during the plan period. This acts to stop creditor harassment and provides debtors relief as they are able to focus on their repayment plan.   Additionally, individuals can cease foreclosure proceedings by filing for Chapter 13, allowing them to keep their homes.

Who Is Eligible for Chapter 13 Bankruptcy?

Any individual or married couple, even if they are self-employed or operate a business, can potentially qualify for Chapter 13 bankruptcy.  However, their unsecured debts must not exceed $419,275, and their secured debts must not surpass $1,257,850. You will also need a sufficient amount of disposable income to meet your repayment obligations. For debtors whose income exceeds the Chapter 7 “means test,” Chapter 13 bankruptcy may be the only option.  Contact a Long Island bankruptcy lawyer to determine which type of bankruptcy is most appropriate for you.

Long Island Bankruptcy Attorneys Serving Suffolk County, Nassau County

The Macco & Corey P.C. is a bankruptcy law firm with more than six decades of experience providing top care to clients in Long Island, New York. Not only have we filed thousands of successful Chapter 7 and Chapter 13 bankruptcy petitions, but our partners are also court-appointed bankruptcy trustees who know your full range of legal options for dealing with your financial problems.

Attorney Michael Macco is one of only two Chapter 13 bankruptcy trustees on Long Island in the Eastern District of New York. Mr. Macco has held this position since 1983. Macco & Corey P.C. has served our community with integrity for over 30 years. Contact our law office today to learn more about how our law office can help your case!

Frequently Asked Questions

Your situation is unique to you. The best way to determine if bankruptcy is right for you is to speak directly with a lawyer who has experience in these matters. However, it may be beneficial to file for bankruptcy if you can answer yes to any of the following questions:
  • Are you being harassed by creditors for overdue payments?
  • Do you have overwhelming credit card debts, medical bills or other debts that you cannot pay?
  • Are you facing foreclosure on your home?
  • Is your car or other property being repossessed?
  • Have you been sued and cannot afford the judgment?
  • Are your wages being garnished?
These are just a few of the issues we commonly see with clients who are considering bankruptcy. If you are facing any type of overwhelming debt, bankruptcy may provide you with the relief you need.

Depending on the type of debt, there may be other solutions available to get you the relief you need. For example, if you are facing foreclosure, mortgage modification may be an option to help you avoid foreclosure as well as bankruptcy. However, while many individuals fear the aftereffects of bankruptcy on their credit report, bankruptcy can actually put you in a strong position for the future. Through bankruptcy you can begin rebuilding your credit. Also, during bankruptcy, creditor harassment, foreclosures and other collections practices will be stopped. This can help you get a fresh start for the future.

Chapter 7 bankruptcy is often referred to as the “fresh start” bankruptcy, because it allows you to discharge your unsecured debts and get a clean slate. Unsecured debts include debts that are not attached to property such as credit card debt, medical debt and personal debts. If you do not qualify for Chapter 7 or if you have significant assets, Chapter 13 bankruptcy can help you reorganize your debts. In Chapter 13, you develop a payment plan to help you get back on track with your debt payments. These payment plans typically last three to five years.

In Chapter 7 bankruptcy, most unsecured debts can be discharged. This includes credit card bills, medical bills, personal loans and some judgments. Student loans and support payments cannot be discharged. Similarly, at the end of your payment plan in Chapter 13 bankruptcy, any remaining debt on unsecured loans can be discharged.

While filing for bankruptcy does have an impact on your credit score, it is the first step toward improving your credit. Individuals who are facing bankruptcy already have poor credit scores from unpaid debts and credit card bills. After filing for bankruptcy, many of these debts can be resolved and you can get back on track to making regular payments. Regular, timely payments will improve your score over time.

The bankruptcy process can be complicated, and failure to follow the proper procedures could result in unresolved debts. An attorney can help you make sure that you get the relief you need from all types of debt. Your lawyer can also help guide you through the process and act as your advocate at every stage.

Client Testimonials

See what our clients say about us.

Cooper helped my wife and I from the very beginning with our closing. He explained everything in a way that helped us understand what we were signing. He is professional and very easy to talk to. He was very responsive with all of our questions and got back to me very quickly when I would reach out. I would suggest Macco Law to everyone I know!!! Will not work with anyone else going forward!! 5 stars!! Would give more if I could!!!

Michael Renert

Coopr Macco was very professional. Every time I called or sent an email, he responded in a timely manner in regards to my case. I highly recommend Macco law firm.

William Freudeberg

I had the honor of having Cooper Macco handle my case. He and his firm were professional, attentive and always communicated with me. I never had to question what was next. Cooper was always on top of everything and always made sure I was prepared and informed. I was very pleased with the firm and would highly recommend the Macco & Corey P.C. to all seeking great lawyers. Highly, highly recommend.

Victoria Pizzolo

Very professional and answered all my questions until I was satisfied. Prompt at return calls and general feedback. Would recommend. Simplified a stressful event.

Bernadette Molyneux

I am very thankful I was referred here. Cooper Macco is the lawyer that worked with my case. He answered any question I had quickly, was affordable and overall was just a very pleasant and easy experience. I would 100% recommend this law group.

Cassie Caquias

After researching my different options, over the past two years, and having no luck or comfort in substantial conversations with any other law firm, I made an inquiry to Cooper Macco’s group. With great professionalism and knowledge, after my consultation, I felt educated in the current laws and my rights. Under his advice and guidance I successfully filed a petition and won, due to his work and knowledge, I have a greater future. His office assistant was a great and knowledgeable liaison, and made the process go smoothly. Grateful to press forward. Thank you, Cooper Macco.

Heather Frampton

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Contact Macco & Corey P.C.

Filing for bankruptcy is a complicated, challenging, and stressful process. Consulting with the experienced team at Macco & Corey P.C. will allow you to remain calm and focused as you secure your financial future. Contact us for your free consultation today!

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