The Automatic Stay Upon the filing of your chapter 7, chapter 11 or chapter 13 case in New York, Georgia and South Carolina an "automatic stay" is imposed preventing all creditors and anyone acting on their behalf from undertaking any action outside of the bankruptcy court to collect upon or enforce an alleged debt. All income executions immediatley cease, all law suits against you are terminated ("stayed"), all foreclosure actions are stopped, all asset seizures are terminated. The automatic stay is a powerful shield which prevents anyone from taking collection action against the debtor. A creditor's willful violation of the automatic stay is treated as a contempt of court and violation of federal law, subjecting the violating party to financial sanction and legal action in the federal bankruptcy court. The automatic stay remains in full force and effect throughout the bankruptcy unless lifted by the bankruptcy court judge.
Exemptions
Chapter 7 bankruptcy can provide you with a fresh start, free from your debts or reorganizing them so that they become manageable. But this freedom does not come without a cost. In chapter 7 bankruptcy some of your assets may have to be turned over to the bankruptcy trustee and then sold to pay your creditors. But the government does not want you to be left with no assets as this would prevent you from starting over and also encourage a cycle of poverty. Therefore, the bankruptcy code imposes a requirement that basic possessions and assets may be retained by you, free and clear of creditor claims in most instances. This list of items which you may keep are called "exemptions". There are two sources of exemptions: (1) federal law, and (2) state law. Federal law provides the minimum retainable assets, state law expands upon the federal minimums so that additional assets may be retained. Some state law exemptions are very liberal, while others are not. However, to take advantage of your exemptions you must list them in your bankruptcy schedules. If your creditors or the trustee do not timely object to your exemptions within 30 days after the meeting of creditors they are prevented from challenging them. On the following page is a list of exemptions as of the date of this posting which are available under the federal exemptions and also in the states of New York, Georgia and South Carolina. In Savannah, Georgia and Westchester County New York (in the towns surrounding New Rochelle, Pelham, Mount Vernon, Larchmont, Mamaroneck, Yonkers, Scarsdale, White Plains, Eastchester, Ossining, New York, Bronx, Manhattan) we can act as your legal counsel and prepare your bankruptcy, explaining the exemptions applicable to your case. In Bluffton, Beaufort and Hilton Head Island, South Carolina we act as bankruptcy petition prepares and will prepare your bankruptcy schedules based upon the informaiton which you provide, which will include exemptions. Turn now to the "exemptions" page to review the exemptions available.
Where we Practice
Stone & Associates is located in Savannah, Georgia; New Rochelle, New York and Hilton Head Island, South Carolina. We will come to your home or office when its convenient for you to prepare your bankruptcy papers. We serve clients at a time and in a place that are convenient for them, days, nights and weekends. We always provide a free bankruptcy consultation and information in the Savannah, Georgia metropolitan area and in Westchester County, New York (in the towns surrounding New Rochelle, Pelham, Mount Vernon, Larchmont, Mamaroneck, Yonkers, Scarsdale, White Plains, Eastchester, Ossining, New York, Bronx, Manhattan). We are also bankruptcy petition preparers in Hilton Head Island, Bluffton & Beaufort, South Carolina and always provide free information over the telephone (914)235-8900, by email davidstonelaws@gmail.com and by skype at david.stoneesq
David Stone, Esq.
Areas of Practice We have been practicing law for twenty years and are experienced in many areas of the law. Bankruptcy is by virtue of these economic times a large part of our practice and has been so for years. We also focus our practice in the areas of Litigation, Real Estate house, condo and coop purchase and sale, Corporate transactions and formation, mechanic's liens, construction litigation, matrimonial law, contract law and many other areas. Call us for a free consultation to discuss your particular issue, together we can arrive at a course of action which can achieve your legal goal. Call David Stone, Esq. at 914-235-8900.
Biography of David Stone, Esq. David Stone, Esq. is a 50 year resident of New Rochelle, New York and recently established residency in South Carolina. Mr. Stone has an extensive background in Litigation, Bankruptcy, Real Estate transactions and in many other areas of the law. Mr. Stone is a graduate of Boston University, Boston, MA. (B.S. 1983) and the John Marshall Law School, Chicago, IL (J.D. 1990). Mr. Stone is a member of the New York State Bar Association, the Georgia Bar Association, the American Bar Association, the New Rochelle Bar Association, the National Academy of Consumer Bankruptcy Lawyers and may other professional organizations. He is a former Senior Trial Attorney for the American International Group, teaches and lectures in various areas of the law at the university level and to groups, is an Arbitrator in the City Court of New Rochelle and the District Fee Arbitration system of the Ninth Judicial District. This experience is supplemented by broad skills in law, mediation, advocacy, client consultation and in other areas.
Contact Us Contact us by telephone, email, fax or mail. We are available 7 days a week, days, nights and vacations to answer your questions. We welcome all inquiries and contact with our clients and those seeking a free consultation. We may be reached as follows: Telephone: 914-235-8900 Email: DavidStoneLaws@Gmail.com
Rates Our rates are reasonable and we will work with you to arrive at a billing method which is mutually acceptable. This may include payment plans, contingency fees, flat rate for services, hourly rates or some form of blended rate. The cost of legal services should not act as a deterrent to your obtaining legal services, and for that reason we provide a free consultation and if rates are an impediment to retaining counsel we will attempt to provide you with advice on where you may find free or less expensive legal representation. We are dedicated to not only the legal profession, but also to the ideal that legal representation is necessary in protecting individual rights and advancing society and the cause of justice for all.
Call David Stone, Esq. today for a free consultation. (914)235-8900. Email us at DavidStoneLaws@Gmail.com
On the following pages you will find invaluable information regarding your rights in bankruptcy, exemptions, the automatic stay, the bankruptcy process, a free bankruptcy consultation, bankruptcy petition preparation, chapter 7, chapter 11 and chapter 13 bankruptcies in New York, Georgia and South Carolina. You will also learn about the Law Office of Stone & Associates and how we can help you solve your legal issues.
The information contained herein is not legal advice for your specific case and is presented for informational purposes only.Call bankruptcy lawyer David Stone (914)235-8900 for your free bankruptcy consultation in New York and Georgia or to learn about our bankruptcy petition preparation service in Beaufort County, South Carolina.The information provided herein is not intended to constitute legal advice.
