After a sudden illness caused medical bills to pile up and credit card debt to snowball, Mr. and Mrs. C. were able to discharge approximately $$87,000 in debt and get a financial fresh start through Chapter 7 bankruptcy.
Client background
- Family organization: Couple + 2 children
- Occupation: Husband small business, wife part-time
- Immigration status: Permanent Resident
- Debt: Medical expenses $42,000, credit card $35,000, personal loan $10,000
- Assets: Own home (equity $120,000), 2 cars
Key challenges
She was under extreme stress from collection calls and threats of lawsuits from creditors. She needed to resolve her debts without losing her home and car.
Strategies
- Analyzing Means TestsQualify for Chapter 7 by confirming that your household income is at or below the New York State median income
- Analyzing exempt property: Protect your home with the New York State Homestead Exemption ($204,825) and apply the automobile exemption ($4,825/vehicle)
- Immigration impact reviewAnalyzing the Impact of Bankruptcy on Green Card Renewal or Citizenship Applications - Finding No Direct Impact
- Responding to creditorsStop collections with an Automatic Stay as soon as you apply
Result
- Automatic Stay: Stop all collection calls - lawsuits immediately upon application
- Authorize indemnification: $87,000 full indemnification in about 4 months after application
- Protecting assets: Maintain both your home and your car
- Rebuilding finances: Credit card reissued within 1 year after discharge, credit score restored to 650 within 2 years
Key takeaways
Medical bills and credit card debt are the most obvious debts that are discharged in Chapter 7. Thanks to New York State's generous Homestead Exemption, it is possible to file bankruptcy while protecting your home. Bankruptcy for permanent residents does not directly affect your immigration status.
* Initials and some details have been changed to protect the client's privacy.
Phone: (718) 353-2699 | Email: jd@choattorneys.com
