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225 Dolson Avenue,Suite 303 | Middletown, New York 10940
Asset Protection

Middletown Attorneys Protect the Assets of New York Residents in Debt

We maximize bankruptcy’s benefits while minimizing the property you have to give up

Many New York residents want to avail themselves of the benefits of bankruptcy, but they fear the loss of personal property and assets, including their home, car, wages, pensions and retirement accounts. In some instances, this fear is well founded. While bankruptcy is a powerful tool to dispatch debt, selecting the wrong form can force you to give up property. Hayward, Parker & O’Leary Esqs. has counseled and protected the assets of Middletown, Newburgh and Orange county residents for more than two decades.

Attorneys protect your car and home through the bankruptcy process

Since the 2007 financial crisis, many debt relief programs have sprung up. Unfortunately, many of these programs do little to fix debt problems and may introduce complications. Additionally, less than scrupulous parties are attempting to take advantage of hard-working New York residents in difficult financial straits. To protect your home and avoid foreclosure rescue scams you should keep several things in mind.

If keeping property is secondary only to your debt concerns, Chapter 13 bankruptcy can be your best option. The automatic stay puts an immediate stop to collections or attempts to repossess your car or foreclose your home. While Chapter 13 requires all secured debts to be repaid, it also

  • Offers greater property protection
  • Can reduce the principal on secured loans, including certain car loans
  • Can permanently stop foreclosures
  • Can eliminate second and third mortgages in certain instances

A loan modification under the Home Affordable Mortgage Program (HAMP) can make first and second mortgages more affordable, and can be obtained while your bankruptcy case is pending

Attorneys help you keep more of your wages and bank deposits

A wage garnishment or bank account restraint can be one of the most upsetting aspects of being in debt. Aside from the embarrassment of your employer being aware of your debt issues, receiving less than your full paycheck can further exacerbate the problem, and having checks unexpectedly bounce because your account is frozen can ruin your day. Fortunately, either Chapter 7 or Chapter 13 of the bankruptcy code effectively handles wage garnishments and bank account restraints. Under either chapter, the automatic stay prohibits collection attempts, including wage garnishments and bank restraints, following the filing of the bankruptcy petition. If the bankruptcy process discharges the underlying debt, the creditor may not reinstate the wage garnishment or bank restraint.

Bankruptcy attorneys defend your future by protecting your retirement accounts

Many New York residents are hesitant to relieve their debt through bankruptcy because they fear the loss of their retirement savings accounts This fear, however, is usually unwarranted.  Pensions, profit sharing plans, employee stock ownership plans (ESOP), stock bonus plans, employment annuities, IRAs, Roth IRAs, retirement plans or deferred compensation plans are all fully exempt under the federal exemptions.  Under the bankruptcy exemptions in New York IRAs, Keogh plans and 401K plans all receive an unlimited exemption.

Work with an experienced bankruptcy lawyer to protect more of your property

Protecting your assets can be just as important as reducing your debt burden. To discuss your asset protection options, contact us at Hayward, Parker & O’Leary Esqs. online or at 845-343-6227.

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  • Middletown Office
    225 Dolson Avenue,Suite 303
    Middletown, New York 10940
    Phone: 845-343-6227
    Fax: 845-343-1927