Generated by All in One SEO v4.9.10, this is an llms.txt file, used by LLMs to index the site. # John D'Amato, PLLC Bankruptcy & IRS Solutions Attorney ## Sitemaps - [XML Sitemap](https://johndamato.com/sitemap.xml): Contains all public & indexable URLs for this website. ## Posts - [Blog](https://johndamato.com/blog/) - [How to Appeal an IRS Rejected Offer in Compromise in New York](https://johndamato.com/how-to-appeal-an-irs-rejected-offer-in-compromise-in-new-york/) - Learn how to appeal a rejected IRS Offer in Compromise within 30 days. Get step-by-step guidance on Form 13711 and the IRS Appeals process. - [How to Respond to an IRS Notice of Deficiency in New York](https://johndamato.com/how-to-respond-to-an-irs-notice-of-deficiency-in-new-york/) - Learn what an IRS Notice of Deficiency means, your rights to challenge it, and the 90-day deadline to file a Tax Court petition. Get answers from a New York tax attorney. - [Understanding IRS Collection Financial Standards for New York Cases](https://johndamato.com/understanding-irs-collection-financial-standards-for-new-york-cases/) - Learn how IRS Collection Financial Standards affect your ability to pay tax debt in New York and what monthly expenses the IRS allows. - [Can Bankruptcy Discharge IRS Tax Liens in New York?](https://johndamato.com/can-bankruptcy-discharge-irs-tax-liens-in-new-york/) - Learn how bankruptcy affects IRS tax liens in New York, what debts can be discharged, and the requirements for eliminating federal tax debt through Chapter 7 or 13. - [How to Remove an IRS Federal Tax Lien in New York: Step-by-Step Guide](https://johndamato.com/how-to-remove-an-irs-federal-tax-lien-in-new-york-step-by-step-guide/) - Remove an IRS federal tax lien in New York with clear steps and legal options. Learn how to get a release, withdrawal, discharge, or subordination with expert guidance. - [Can Bankruptcy Stop an IRS Audit in New York? What You Need to Know](https://johndamato.com/can-bankruptcy-stop-an-irs-audit-in-new-york-what-you-need-to-know/) - Learn whether filing bankruptcy in New York can stop an IRS audit and what protections the automatic stay provides against tax collection efforts. - [Understanding IRS Passport Revocation for Tax Debt in New York](https://johndamato.com/understanding-irs-passport-revocation-for-tax-debt/) - The IRS can revoke your passport if you owe $64,000+ in tax debt. New York tax attorney John D'Amato explains how passport revocation works and how to protect your travel rights. Call (716) 703-9099. - [How to Remove an IRS Revenue Officer from Your Case in New York](https://johndamato.com/how-to-remove-an-irs-revenue-officer-from-your-case/) - Learn how to resolve your tax debt and end Revenue Officer involvement through payment plans, offers in compromise, and other IRS resolution options. - [Understanding IRS Doubt as to Collectibility in NY](https://johndamato.com/understanding-irs-doubt-as-to-collectibility-in-ny/) - Learn how doubt as to collectibility works for IRS offers in compromise. Find out if you qualify to settle your tax debt for less in New York. - [Understanding IRS Streamlined Installment Agreements for NY Taxpayers](https://johndamato.com/understanding-irs-streamlined-installment-agreements/) - Learn how IRS streamlined installment agreements work for New York taxpayers, including eligibility, costs, and how to apply for a payment plan. - [Can Bankruptcy Discharge Payroll Tax Debt in New York?](https://johndamato.com/can-bankruptcy-discharge-payroll-tax-debt/) - Learn whether bankruptcy can eliminate payroll tax debt in New York, what trust fund taxes mean for business owners, and your options for resolving IRS liability. - [How to Prove Financial Hardship to the IRS: A New York Guide](https://johndamato.com/how-to-prove-financial-hardship-to-the-irs/) - Learn how to prove financial hardship to the IRS, request Currently Not Collectible status, and explore options like Offer in Compromise to resolve tax debt. - [Qualifying for IRS First-Time Penalty Abatement in New York](https://johndamato.com/qualifying-for-irs-first-time-penalty-abatement/) - Learn how New York taxpayers can qualify for IRS First-Time Penalty Abatement to remove failure-to-file and failure-to-pay penalties with a clean compliance history. - [How to Respond to an IRS CP2000 Notice in New York](https://johndamato.com/how-to-respond-to-an-irs-cp2000-notice/) - Learn how to respond to an IRS CP2000 notice in New York, understand your options, and get guidance on resolving income discrepancies with the IRS. - [Understanding the IRS 10-Year Collection Statute in New York Cases](https://johndamato.com/understanding-the-irs-10-year-collection-statute/) - Learn how the IRS 10-year collection statute works in New York. Tax attorney John D'Amato explains CSED strategies to resolve your tax debt. Call (716) 703-9099. - [How to Request an IRS Collection Due Process Hearing in New York](https://johndamato.com/how-to-request-an-irs-collection-due-process-hearing/) - Facing IRS collection action in NY? Request a CDP hearing within 30 days to protect your assets. Expert guide from John D'Amato, tax attorney. Act now. - [Understanding Currently Not Collectible Status for IRS Debt in New York](https://johndamato.com/understanding-currently-not-collectible-status-for-irs-debt/) - Can't pay IRS debt? Currently Not Collectible status may help. New York tax lawyer John D'Amato explains who qualifies and how to apply. Free consultation. - [How to Qualify for an IRS Partial Payment Installment Agreement in NY](https://johndamato.com/how-to-qualify-for-an-irs-partial-payment-installment-agreement/) - New York tax lawyer explains IRS Partial Payment Installment Agreements - pay what you can afford monthly & settle for less. Call (716) 703-9099 for help. - [How a New York Tax Attorney Can Help Remove an IRS Tax Lien](https://johndamato.com/how-a-new-york-tax-attorney-can-help-remove-an-irs-tax-lien/) - Need to remove an IRS tax lien? New York attorney John D'Amato offers expert solutions for lien withdrawal, discharge & release. Free consultation: (716) 703-9099 - [How to Appeal an IRS Decision in New York](https://johndamato.com/how-to-appeal-an-irs-decision-in-new-york/) - Facing an IRS audit or penalty? Discover your appeal rights in New York. Experienced tax attorney explains CDP hearings, deadlines & next steps. Call now. - [Can I Discharge Tax Debts in New York Bankruptcy?](https://johndamato.com/can-i-discharge-tax-debts-in-new-york-bankruptcy/) - Eliminate IRS tax debt through New York bankruptcy. Expert attorney John D'Amato explains eligibility & discharge options. Call (716) 703-9099 today. - [Understanding Innocent Spouse Relief for IRS Debt in New York](https://johndamato.com/understanding-innocent-spouse-relief-for-irs-debt/) - Protect yourself from your spouse's IRS tax debt with Innocent Spouse Relief in NY. Expert tax attorney John D'Amato explains your options. (716) 703-9099 - [Can the IRS Take My Social Security in New York? Know Your Rights](https://johndamato.com/can-the-irs-take-my-social-security/) - Can the IRS take your Social Security in New York? John D'Amato, PLLC, has 29+ years helping NY residents stop Social Security garnishment & levies. Call (716) 703-9099. - [How to Stop an IRS Bank Levy in New York: Legal Options Explained](https://johndamato.com/how-to-stop-an-irs-bank-levy-in-new-york/) - How to stop an IRS bank levy in New York. Expert tax attorney John D'amato explains your legal options & 21-day rights. Call (716) 703-9099 for help. - [Do You Need to Hire a New York Tax Lawyer for IRS Debt Negotiation?](https://johndamato.com/do-you-need-to-hire-a-new-york-tax-lawyer-for-irs-debt-negotiation/) - Facing IRS debt in New York? Expert tax lawyer explains when you need help, resolution options, and how to protect your assets. Call for free consultation. - [Understanding the IRS Statute of Limitations for Back Taxes in New York](https://johndamato.com/understanding-the-irs-statute-of-limitations-for-back-taxes/) - If you owe back taxes in New York, you're not alone. According to IRS estimates, the gross tax gap reached $696 billion in 2022, which represents the gap between what taxpayers owe and what they actually pay by the deadline. Understanding the statute of limitations for tax collection can help you make informed decisions about - [How to File an IRS Collection Appeal in New York: Your Complete Guide](https://johndamato.com/how-to-file-an-irs-collection-appeal/) - Learn how to file an IRS collection appeal in New York. Expert attorney John D'Amato stops tax levies, liens & garnishments. Free consultation: (716) 703-9099 - [Filing for Bankruptcy to Stop IRS Collections in New York: Pros and Cons](https://johndamato.com/filing-for-bankruptcy-to-stop-irs-collections/) - Facing IRS collections in New York? Learn how bankruptcy can stop wage garnishments, bank levies & collection calls. Discover pros, cons & alternatives. 29+ years experience helping NY residents eliminate tax debt. Free consultation. - [5 IRS Fresh Start Program Options for New York Taxpayers](https://johndamato.com/5-irs-fresh-start-program-options-for-new-york-taxpayers/) - If you're a New York taxpayer struggling with IRS debt, you're not alone. About 18.6 million individual taxpayers owe debt to the revenue service, showing how many Americans need relief programs to regain control of their finances. The so-called "IRS Fresh Start Program" isn't actually a single program but rather a collection of tax relief - [New York Offer in Compromise Versus IRS Offer in Compromise: What's the Difference?](https://johndamato.com/new-york-offer-in-compromise-versus-irs-offer-in-compromise/) - If you owe money to both New York State and the IRS, you may be wondering if there's any way out. Good news: New York State and the IRS each offer compromise programs that let you settle tax debt for less than you owe. But they have key differences in how they calculate your offer, - [Your Rights as a Taxpayer: What the IRS Can and Can’t Do](https://johndamato.com/your-rights-as-a-taxpayer/) - Understand your fundamental rights as a taxpayer. Learn what the IRS can and can't do when dealing with your tax return. Explore your rights and responsibilities under the taxpayer bill of rights. - [Top 12 IRS Tax Relief Scams to Watch Out For](https://johndamato.com/top-12-irs-tax-relief-scams-to-watch-out-for/) - Top 12 IRS Tax Relief Scams to Watch Out For. The Internal Revenue Service's "dirty dozen list" for 2025 highlights common tax scams. Protect your finances! - [Can the IRS Garnish My Wages in New York? What You Need to Know](https://johndamato.com/can-the-irs-garnish-my-wages-in-new-york/) - Discover how the IRS can garnish your wages in New York for tax debt. Learn about wage garnishments, levies, and your rights with expert insights. - [Top 5 Ways to Get IRS Penalties Erased](https://johndamato.com/top-5-ways-to-get-irs-penalties-erased/) - Discover the top 5 strategies a New York tax attorney can employ to help you abate IRS penalties. Learn how to pursue penalty relief and meet your tax obligations. - [What is the Debt Limit for Chapter 7 Bankruptcy in New York?](https://johndamato.com/what-is-the-debt-limit-for-chapter-7-bankruptcy/) - Learn about the debt limit for Chapter 7 bankruptcy in New York. Find out if you qualify for debt relief today. Contact us for legal assistance. - [What is The Look Back Period for Bankruptcy in New York?](https://johndamato.com/what-is-the-look-back-period-for-bankruptcy/) - Discover the look-back period for bankruptcy in New York and its impact on debtors and creditors. Find answers to commonly asked questions about Chapter 7 bankruptcy. - [How Much Cash Can You Keep When Filing Chapter 7 in New York?](https://johndamato.com/how-much-cash-can-you-keep-when-filing-chapter-7/) - Discover the New York bankruptcy exemptions that determine how much cash you can keep when filing Chapter 7. Learn more about your options today. - [How Is the Cost of Bankruptcy Calculated in New York?](https://johndamato.com/how-is-the-cost-of-bankruptcy-calculated/) - Learn how the cost of bankruptcy is calculated in New York for both Chapter 7 and Chapter 13 cases. Understand the pros, cons, and alternatives available. - [Can You Get an FHA Loan With Bankruptcies in New York?](https://johndamato.com/can-you-get-an-fha-loan-with-bankruptcies/) - Wondering about FHA loans after bankruptcy in New York? Learn about the waiting period and how you can still buy a house with an FHA home loan. - [What Income is Used for Chapter 7 Bankruptcy in New York?](https://johndamato.com/what-income-is-used-for-chapter-7-bankruptcy/) - Discover what sources of income are taken into account for Chapter 7 bankruptcy in New York. Learn about income limits, means tests, and how to qualify for chapter 7 relief. - [Are Bankruptcies Ever Denied in New York?](https://johndamato.com/are-bankruptcies-ever-denied-in-new-york/) - Discover the reasons why bankruptcies can be denied in New York, including situations where Chapter 7 discharges may not be granted. Work with a reputable Bankruptcy attorney and credit counselor for successful filing. - [What is the Income Limit for Chapter 7 in NY?](https://johndamato.com/what-is-the-income-limit-for-chapter-7-in-ny/) - Discover the income limits for Chapter 7 bankruptcy in New York. Learn about the means test and how it affects your ability to file Chapter 7. - [Setting Up an IRS Installment Agreement for a New York Resident](https://johndamato.com/setting-up-an-irs-installment-agreement-for-a-new-york-resident/) - Discover how to set up an IRS installment agreement as a New York resident. Learn about payment plans to help manage your tax bill effectively. - [Pros and Cons of Loan Modification in New York State](https://johndamato.com/pros-and-cons-of-loan-modification-in-new-york-state/) - Explore the pros and cons of loan modification in New York State. Discover how modifying your mortgage can help struggling homeowners change their loan terms and avoid default. - [Is It Cheaper to File Chapter 7 or 13 Bankruptcy in New York?](https://johndamato.com/is-it-cheaper-to-file-chapter-7-or-13-bankruptcy/) - Learn the costs, pros and cons of Chapter 7 and Chapter 13 bankruptcy in New York. Contact our debt collection defense attorney for a free evaluation. - [Do You Keep Your Stuff in Chapter 7 in New York?](https://johndamato.com/do-you-keep-your-stuff-in-chapter-7/) - Discover what property you can keep when filing Chapter 7 bankruptcy in New York. Learn about exemptions, bankruptcy cases, and get a free consultation with John D'Amato PLLC today! - [What Do You Lose When You File Chapter 7 in New York?](https://johndamato.com/what-do-you-lose-when-you-file-chapter-7/) - Discover what you may lose when filing Chapter 7 bankruptcy in New York. Learn about your options, including Chapter 13 bankruptcy, and consult a bankruptcy lawyer. - [How Much Is the Monthly Payment for Bankruptcy in New York?](https://johndamato.com/how-much-is-the-monthly-payment-for-bankruptcy/) - Discover the monthly payment for bankruptcy in New York. Learn about filing costs, attorney fees, and get a free consultation with an experienced bankruptcy lawyer today! - [How Long Does It Take to Rebuild Credit After Chapter 7 in New York?](https://johndamato.com/how-long-does-it-take-to-rebuild-credit-after-chapter-7/) - Discover how long it takes to rebuild your credit score after Chapter 7 bankruptcy in New York. Learn tips to improve your credit and regain financial stability. - [10 Steps to Negotiate an IRS Offer in Compromise in New York](https://johndamato.com/10-steps-to-negotiate-an-irs-offer-in-compromise-in-new-york/) - Discover how to effectively negotiate an IRS offer in compromise in New York. Learn to settle your tax debt for less than you owe and resolve your tax problems today! - [Can a Creditor Take My House in New York?](https://johndamato.com/can-a-creditor-take-my-house-in-new-york/) - It is possible for a creditor to take a house in New York state. And it is possible that a creditor’s attempt can be thwarted if they don’t follow the law. What that law is and what it means to you is explained in this article. But, firstly, if you need legal guidance regarding debt, - [Personal Bankruptcy Options](https://johndamato.com/personal-bankruptcy-options/) - If you are contemplating personal bankruptcy options, you typically have two choices: Chapter 7 and Chapter 13 bankruptcy. Chapter 13 bankruptcy is known as a wage earner's plan and can be likened to debt restructuring, similar to refinancing a mortgage. If you meet the requirements for Chapter 13 bankruptcy, you have a great deal of - [What Happens When You File for Bankruptcy in NY?](https://johndamato.com/what-happens-when-you-file-for-bankruptcy-in-ny/) - Various actions occur when you file for bankruptcy in NY state. To set the stage for this article, bankruptcy serves as a legal mechanism enabling those unable to repay their debts to seek relief from their financial obligations. Let’s first explain the kinds of bankruptcy and which one could be right for you. And then - [How Long Does Chapter 7 Bankruptcy Take in New York?](https://johndamato.com/how-long-does-chapter-7-bankruptcy-take-in-new-york/) - Depending on the circumstances, Chapter 7 bankruptcy provides a quick, well outlined path to becoming debt free. This choice is for qualifying individuals and businesses who have little means of paying off their debts and are in need of a solution within a few months. Here’s a general timeline of the Chapter 7 filing process - [Do I Qualify for Chapter 7 Bankruptcy in New York?](https://johndamato.com/do-i-qualify-for-chapter-7-bankruptcy-in-new-york/) - Filing for Chapter 7 bankruptcy may be the smart solution if you’re overwhelmed by debt and want most of it forgiven. If you’re wondering whether you qualify for Chapter 7 bankruptcy, the main eligibility requirement you have to meet is passing the “Means Test.” Here’s how to know whether you can pass the Means Test - [Your Response to Chapter 13 Trustee’s Motion to Dismiss for Failure to Make Plan Payments](https://johndamato.com/your-response-to-chapter-13-trustees-motion-to-dismiss-for-failure-to-make-plan-payments/) - The goal of the Chapter 13 repayment plan is to obtain a confirmed plan early on, make payments to the Trustee to pay your creditors and, ultimately, receive a discharge (perhaps 3-5 years later in many cases). Unfortunately, it is not uncommon to see Chapter 13 cases on the Trustee’s motion to dismiss calender. This - [Timing the Filing of Your Bankruptcy Petition: A Critical Consideration in Some Bankruptcy Cases](https://johndamato.com/timing-the-filing-of-your-bankruptcy-petition-a-critical-consideration-in-some-bankruptcy-cases/) - The date selected for your bankruptcy case may have a significant impact upon the results you obtain in bankruptcy because the bankruptcy filing date is looked to as a starting point for many issues which arise in bankruptcy, including those pertaining to (i) your qualifying for Chapter 7 and the amount required for you to - [Chapter 13 Plan Will be Approved Only if it Meets All Bankruptcy Code Standards](https://johndamato.com/chapter-13-plan-will-be-approved-only-if-it-meets-all-bankruptcy-code-standards/) - Your Chapter 13 Plan must meet the following four major standards in order to be approved by the Bankruptcy Court: 1. The “Chapter 7 test”2. The “Disposable Income Test”3. Form 22 standard4. Feasibility standard Chapter 7 test standard: In a Chapter 13 case, the Bankruptcy Judge will want to know that the unsecured creditors are ## Pages - [Homepage v2](https://johndamato.com/) - Experienced Bankruptcy, Foreclosure & IRS Relief Attorney Over 23 years experience helping individuals and small businesses with bankruptcy, foreclosure and IRS problems - [Buffalo Offer in Compromise Attorney](https://johndamato.com/irs-tax-relief/offer-in-compromise/) - Buffalo Offer in Compromise Attorney. Resolve IRS tax problems with an offer in compromise. Serving Buffalo, NY. IRS tax help for individuals and businesses. Effective resolution. - [Buffalo IRS Collections Lawyer](https://johndamato.com/irs-tax-relief/irs-collections/) - Buffalo IRS Collections Lawyer. Facing IRS tax problems? An experienced Buffalo tax attorney can help with audits, appeals, and get you IRS tax relief. Protect your rights. - [Buffalo Back Tax Lawyer](https://johndamato.com/irs-tax-relief/back-tax/) - Buffalo Back Tax Lawyer. NY tax attorney experienced in IRS, federal, state and local tax matters. Resolve your tax issues with a New York lawyer today - [About](https://johndamato.com/about/) - Concentrating in Foreclosure Defense, Bankruptcy & IRS Solutions John D’Amato Law Offices is a small law firm with over 29 years’ experience in advising individuals and small businesses with bankruptcy and IRS tax problems. By choice, John D’Amato is the sole attorney in this firm. All Clients Receive John’s Personal Attention In order to provide - [Contact](https://johndamato.com/contact/) - MAIN OFFICE4245 Union Road Suite 208Cheektowaga, NY 14225716-706-0000 SATTELITE OFFICE534 Delaware Ave.Buffalo, NY 14202(716) 703-9099 - [Buffalo Chapter 13 Lawyer](https://johndamato.com/bankruptcy/chapter-13/) - In a Chapter 13 case, the individual files a plan of reorganization, in addition to filing a petition and schedules. The Chapter 13 plan is one which you propose in accordance with the guidelines provided by the Bankruptcy Code. The plan is typically filed at the same time as your petition for Chapter 13 relief - [Buffalo Chapter 7 Lawyer](https://johndamato.com/bankruptcy/chapter-7/) - Is Chapter 7 bankruptcy the smart solution for you? Many opt for this type of bankruptcy when they’re overwhelmed by debts and have no means of paying them back. Chapter 7 bankruptcy allows individuals, couples, and businesses to erase their debts. For many, it’s a fresh start into a debt-free life. Though Chapter 7 is - [Chapter 7 vs Chapter 13 Examples](https://johndamato.com/bankruptcy/examples-chapter-7-chapter-13/) - There are three examples given below, with an introduction to each. The "Click Here For The Answer" buttons goes into complete details, including the resolution. Example 1 Mary wants to know whether it is better for her to file a Chapter 7 petition or a Chapter 13 petition. The following facts apply to Mary’s case: - [Benefits of Hiring a Lawyer for IRS Tax Relief ](https://johndamato.com/irs-tax-relief/benefits/) - As an Attorney representing individuals and businesses having IRS problems, my objective is to protect your interests and your assets against IRS collection. By resolving your IRS problem we will restore your peace of mind. When the IRS collection process begins, the IRS will make your life miserable and literally ruin all aspects of your life. The - [Solutions For IRS Tax Relief](https://johndamato.com/irs-tax-relief/solutions/) - Negotiate A SettlementThe IRS program called “Offer in Compromise” permits the IRS to forgive even a significant portion of the balance the IRS states is owed if the balance is so large that repayment is not possible. The IRS can simply agree to settle for a smaller balance. This can result in the forgiveness of - [Buffalo Bankruptcy Lawyer](https://johndamato.com/bankruptcy/) - In certain financial situations, filing for bankruptcy can be the logical choice. Individuals and businesses from all walks of life can be overwhelmed by debt, often as a result of unemployment, medical bills, divorce, or business closure. Bankruptcy may be an unexpected path, but it can help reorganize or erase one’s debts, allowing one to - [Automatic Stay in Bankruptcy to Stop Collection Action in New York](https://johndamato.com/bankruptcy/automatic-stay/) - What is an Automatic Stay in Bankruptcy? Immediately upon your filing for a petition for Chapter 7 or Chapter 13 relief, you will receive the significant protections provided by the “Automatic Stay.” The effect of the Automatic Stay is awesome and dramatic, and its purpose is to protect you and your property. In general, the - [Buffalo IRS Tax Lawyer](https://johndamato.com/irs-tax-relief/) - IRS tax problems involve complex rules and highly technical language. Behind that obscure language lies the power to take actions that can seize your wages, shut down your business, or even, potentially, put you in jail. Often, taxpayers don’t completely realize what they did wrong, or have no idea how to correct it. Some hope - [Bankruptcy & Foreclosure Frequently Asked Questions](https://johndamato.com/bankruptcy-foreclosure/) - Interviewer: I know I’m having trouble (or soon will be having trouble) making my mortgage payments. How can I know if bankruptcy is the best way to address this mortgage problem? John’s Answer: Bankruptcy is one powerful way to deal with mortgage problems, whether it be in Chapter 7 or Chapter 13. However, our office frequently discusses - [Thank You](https://johndamato.com/thank-you/) - Your request has been submitted. We will get in touch with you soon. - [Buffalo Foreclosure Defense Lawyer](https://johndamato.com/foreclosure-defense/) - Foreclosure notices or complaints are difficult to face but they must be dealt with immediately. You cannot risk losing your home. No matter the circumstances that led up to this point, you must now begin to fight for your property. To help in that fight, engage the foreclosure defense services of Attorney John D’Amato. For - [Testimonials](https://johndamato.com/testimonials_all/) - “John and his team were amazing. They are very thorough and efficient when they handled my case . John himself is an extremely nice guy and easy to talk to . When I had a question they responded quickly . I highly recommended John and his team for your legal needs. Thank you John for - [Will You Make These Mistakes in Your Bankruptcy?](https://johndamato.com/10-mistakes-to-avoid-when-filing-for-bankruptcy/) - Watch the video below to hear Mistakes 1, 2, and 3 Mistake 4: Borrowing or obtaining money from a 401K or other retirement accountRetirement accounts are almost always protected in bankruptcy. This means that even if you have $100,000 or more in a retirement account, you can still obtain a discharge of credit cards and most - [Schedule Your Free Consultation](https://johndamato.com/schedule-free-consultation/) - Select A Date And Time Below to Schedule Your Free Consultation with Attorney John D'Amato - [Miscellaneous](https://johndamato.com/bankruptcy/miscellaneous/) - This section covers various topics pertaining to the various issues that arise due to personal bankruptcy. Click on a topic below to learn more about that particular topic: A. Converting from Chapter 7 to Chapter 13B. Prohibition on DiscriminationC. Sense of Obligation to Repay DebtsD. Utility CompaniesE. Serial FilingsF. Financial RecordG. Protection for Non-filing Co-debtor - [Trustees, 341 Meeting & Confirmation Hearing](https://johndamato.com/bankruptcy/trustees-341-meeting-confirmation-hearing/) - Upon the filing of a petition for Chapter 7 or Chapter 13 relief, a Trustee is identified for the purpose of representing the interests of the unsecured creditors in a particular Chapter 7 or Chapter 13 case. In a Chapter 7 case, the Trustee is referred to as an “Interim Trustee” and will be an - [Your Property](https://johndamato.com/bankruptcy/your-property/) - The various items of property which you have and their value are very important in both a Chapter 7 and Chapter 13 and, in many cases, will be a significant factor in determining which chapter of the Bankruptcy Code for which you are best suited. One of the biggest concerns of the individuals considering filing - [Example 3 - Chapter 7 vs. Chapter 13](https://johndamato.com/example-3-chapter-7-vs-chapter-13/) - Kenny wants to know whether it is better for him to file a Chapter 7 petition or a Chapter 13 petition. The following facts apply to Kenny’s case: Debts: Behind on mortgage to BIG BANK: $10,000.00Credit Cards: $20,000.00 Other Pertinent Information: Disposable Income: $300/monthNonexempt Equity: $500.00 Chapter 7 Analysis Relief under Chapter 7 will provide - [Example 2 - Chapter 7 vs. Chapter 13](https://johndamato.com/example-2-chapter-7-vs-chapter-13/) - George wants to know whether it is better for him to file a Chapter 7 petition or a Chapter 13 petition. The following facts apply to George’s case: Debts: Car loan by CREDIT UNION: $8,000.00Credit Cards: $30,000.00 Other Pertinent Information: Disposable Income: $300/monthNonexempt Equity: Zero Chapter 7 Analysis Relief under Chapter 7 will provide George - [Example 1 - Chapter 7 vs. Chapter 13](https://johndamato.com/example-1-chapter-7-vs-chapter-13/) - Mary wants to know whether it is better for her to file a Chapter 7 petition or a Chapter 13 petition. The following facts apply to Mary’s case: Debts: Car loan by BIG BANK: $8,000.00Credit Cards: $40,000.00 Other Pertinent Information: Disposable Income: $453/monthNonexempt Equity: $4,000.00 Chapter 7 Analysis Relief under Chapter 7 will provide Mary - [Interviews](https://johndamato.com/interviews/) - Bankruptcy & Foreclosure Interviewer: I know I’m having trouble (or soon will be having trouble) making my mortgage payments. How can I know if bankruptcy is the best way to address this mortgage problem? John’s Answer: Bankruptcy is one powerful way to deal with mortgage problems, whether it be in Chapter 7 or Chapter 13. However, our - [The Process](https://johndamato.com/the-process/) - Interviewer: Can you tell me about the time from the initial client call to schedule a meeting through to the time of the initial consultation with you?John’s Answer: When anyone calls our office to schedule an appointment, we always try very hard to be sensitive to their level of urgency and to accommodate their schedule. Some people - [Selecting An Attorney](https://johndamato.com/selecting-an-attorney/) - Interviewer: What is the best way for a client to select an attorney? John’s Answer: A lawyer should be chosen for technical knowledge, experience, and, very significantly, the lawyer should be one who makes his clients feel comfortable. A comfortable client will more easily inform the attorney of all the facts necessary for the attorney to give - [Exemptions](https://johndamato.com/exemptions/) - Interviewer: When I hear or read about bankruptcy, I often come across the term “exemption.” Can you tell me the purpose of exemptions in bankruptcy and why they should be important to me if I am filing for bankruptcy? John’s Answer: First of all, let me say that in most bankruptcy cases whether Chapter 7 or Chapter - [Vehicles](https://johndamato.com/vehicles/) - Interviewer: I know you’ve provided advice to thousands of bankruptcy clients in your 20+ year career. Can you tell us what is one of the greatest concerns that your clients have when they walk through your door to consult with you about bankruptcy? John’s Answer: The effect of bankruptcy on their vehicle is among their greatest concerns - [Fees & Costs](https://johndamato.com/fees-costs/) - Interviewer: How can a client be certain that a fair price is being paid for the bankruptcy case? John’s Answer: A client cannot be overcharged in a bankruptcy case. Bankruptcy is one of the few areas in law where fees charged by the attorney are closely monitored in each and every case by the United States Trustee’s - [Homepage](https://johndamato.com/homepage/) - Experienced Bankruptcy & IRS Tax Relief Attorney Over 20 years experience helping individuals and small businesses with bankruptcy and IRS tax problems. CONTACT US TODAY Foreclosure DefenseClick here to change this text. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo. BankruptcyClick here to change this - [Sample Page](https://johndamato.com/sample-page/) - This is an example page. It's different from a blog post because it will stay in one place and will show up in your site navigation (in most themes). Most people start with an About page that introduces them to potential site visitors. It might say something like this: Hi there! I'm a bike messenger ## Site Builder - [Above Header](https://johndamato.com/astra-advanced-hook/above-header/) - Main Office: 4245 Union Road Suite 208, Cheektowaga, NY 14225 • Satellite Office: 534 Delaware Ave., Buffalo, NY 14202 ## Categories - [Bankruptcy](https://johndamato.com/category/bankruptcy/) - [IRS Solutions](https://johndamato.com/category/irs-solutions/) - [Foreclosure](https://johndamato.com/category/foreclosure/)