Our Bankruptcy team has more than a decade of experience assisting individuals and families to start over with debt relief. Our team will evaluate your current financial situation, and perform a credit/debt analysis to assess what your best options are.
The primary purpose of bankruptcy is to give honest debtors a “fresh start” financially by allowing them to keep their exempt assets and discharge their qualifying debts.
Debts discharged are:
Debts not discharged are:
credit cards
Child support
Medical bills
Criminal restitution
Personal & Unsecured Loans
Certain taxes
Utility Bills
Debts incurred through fraud
Uninsured motor vehicle accidents
Most student loans
Debts owed to former Landlords
Other general unsecured debts
Bankruptcy FAQ's
Pros of filing for a Chapter 7
Automatically stops collection activity
Stops utility disconnection, if the company is named as a Creditor
Stops garnishment of your wages
Can stop creditor harassment.
Cons of filing for a Chapter 7
Can affect your credit score
Will be on your credit report for up to 10 years from the date of filing.
Do I need to be a U.S. Citizen to file for Chapter 7?
No. Regardless of your citizenship status, you will be able to apply for debt relief. However, the United States Bankruptcy Court does require proper documentation such as social security numbers or tax identification numbers to be included in the filing.
What are some changes in bankruptcy laws?
As per the Bankruptcy Abuse and Consumer Protection Act of 2005 (BAPCPA), for consumers who file a Chapter 7, a “means test” must be completed and two required Credit Counseling Courses.
Means Test
The test used to qualify for Chapter 7 relief is called the “means test“. The bankruptcy means test is a formula that determines if a debtor is eligible for Chapter 7 bankruptcy. The test assesses a debtor’s ability to repay their debts and avoid abusing the bankruptcy system.
The first step is simple: If your current monthly income is less than the median for a household of your size in your state, you pass. You’re done and don’t need to complete the rest of the means test! You can file for Chapter 7.
Who is Exempt?
disabled veterans who incurred their debt primarily during active duty or performing a homeland defense activity
if your debts are not primarily consumer debts
Where does Bankruptcy Court get the data?
The data for the bankruptcy means test primarily comes from the U.S. Census Bureau, which provides the median income figures for each state and household size used to determine if someone qualifies for Chapter 7 bankruptcy based on their income level; this data is updated annually and adjusted based on the Consumer Price Index (CPI).
Take our FREE Means test below to check if you qualify.
Currently only supports NY State.
Means Test
Financial Assistance
We understand sometimes we face hardships that are out of our control. We are here to help. Submit a financial assistance application to qualify for reduced fees. Terms & conditions apply.
DISCLAIMER: Paralegals FTC, Inc., is a non profit, tax exempt organization under section 501(c)3. We are a Paralegal firm and not Attorneys or a Law Firm. We cannot provide representation or give legal advice. Our firm provides non-attorney legal services to the community, law firms and other agencies.
They are appointed by the court to oversee the case and ensure that all parties involved follow the necessary procedures and laws. The trustee acts as a neutral party between the debtor and the creditors, making sure that the interests of both sides are considered and protected.
It is important to note that the trustee is not there to be your advocate or to help you get out of debt. Their main responsibility is to review your financial situation, collect any non-exempt assets, and distribute the proceeds to your creditors. However, a good trustee will also provide guidance and support throughout the bankruptcy process.
The trustee will review your bankruptcy petition and schedules, as well as any other relevant documents, to determine the accuracy of the information provided. They may also request additional documentation and information to verify your financial situation. It is important to be honest and thorough in your disclosures, as any discrepancies or omissions can lead to serious consequences.
SWANNIE BATISTA-GIL
Credentials and Certifications
Berkeley College, Paralegal Certification, (2006)
St. John’s University, Bachelor of Science in Pre- Law (2010)
St. John’s University, Masters of Science in Social Work (2014)
CUNY-Hunter College, Masters of Science in School Counseling (2017)
Notary Public, State of New York -Bronx County- Commissioned since 2013
Swannie brings 18 years of Paralegal experience to the team. From having worked at the United States Attorney’s Office, she assisted senior agents in enforcing the collection of criminal and civil debts owed to the United States to Binder & Binder, P.C., helping individuals get their SSI and SSD benefits granted by writing persuasive briefs. Swannie also worked at places like Bronx Housing Court assisting families with housing applications, and provided housing search, and rent stabilization support to homeless and at-risk families with children. From 6 years, she worked at a Personal Injury firm, she worked extensively in a wide variety of branches within personal injury such as asbestos litigation, pre-litigation motor vehicle and lead paint poisoning. Swannie currently is the head of Operations, and runs the Bankruptcy and Estate Planning Departments in PFTC.
