Carl Cottone

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  Both Chapter 7 and Chapter 13 are flat fees.

New York

New York State Office of Court Administration

ID Number: 4896544

Since 2011

Ohio

Supreme Court of Ohio Office of Attorney Services

Since 2003

California State University - Los Angeles

B.S. (1992) | Computer Information Systems

1987 - 1992

Honors: Deans List

Activities: Intramural Racquetball and Baseball

New York State Bar

Member

Current

Q. Is there a minimum repayment plan amount when filing a ch13 in NY Southern District court ?

August 28, 2023

A: The required time between a Ch 7 and a Ch 13 is four years, so you're OK there. And, since there is no requisite minimum payment and, as long as $80 is your disposable income, there shouldn't be a problem there. Also, most trustees require that any amount over a specified amount of tax refunds (possibly IRS & state combined) must be remitted to the trustee for distribution to creditors.

If you can speak with an attorney in person before filing, do so.

Q. Roomates income adding to mine for chapter 7 means test?

March 30, 2023

A: Your questions have nice Black and White answers. Yes, you count the amount he gives you for rent in Schedule I and, no, his income is NOT included in calculating the Means Test and, no, he does NOT count for household size.

Q. Chapter 7 Bankruptcy. Is it legal to contact other named creditors in advance of the meeting of creditors?

March 21, 2022

A: I am not aware of any bankruptcy rule or statutory provision that precludes creditors contacting or speaking with each other.

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