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Montare Law

Call For Free Assessment Of Your Needs (845) 218-7060

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Montare Law

At Montare Law, our goal is to provide affordable and effective legal services to businesses and individuals facing financial challenges.

Our specialty is consumer law and consumer bankruptcies. Ours is a low-pressure environment. You will meet personally with Ms. Montare who will listen to your concerns and evaluate your situation to see if bankruptcy is right for you.

We represent small businesses facing financial challenges who are looking for relief to keep their doors open, whether your business is a d/b/a, LLC, or small corporation.

Montare Law also takes on litigation clients in certain circumstances. Ms. Montare’s fees are competitive for the mid-Hudson Valley and has handled cases from New York City to Albany.

Chapter 7

Chapter 7 bankruptcy filings can be a useful form of debt relief for people without a steady income, or with a debt burden that is extremely far beyond their means of repayment. While an important part of relief, Chapter 7 bankruptcies do require non-exempt assets to be liquidated in order to pay off creditors in accordance with the bankruptcy code.

In New York, the law allows bankruptcy filers to choose between either the New York state exemption system or the federal exemption system. While one of these may prove to be more beneficial than the other, you are not permitted to mix both to your advantage -- you must choose only one.

Montare Law is committed to providing thoughtful counsel and proactive consideration. These qualities will aid us as we seek to determine whether a Chapter 7 filing may be the right choice for you and as we utilize the law of bankruptcy code to ensure that every available exemption is made.

Chapter 13

If you have a regular income and are seeking debt relief, a Chapter 13 filing may provide a road ahead. Debtors under Chapter 13 filings are able to restructure their debt and create a repayment plan. This repayment plan is approved by the courts and paid monthly to a trustee over the course of 3 to 5 years.

Chapter 13 filings may be a great option for you if you are facing foreclosure. These filings allow people to stop foreclosure proceedings and they may allow for a delinquent mortgage to be resolved.

Chapter 13 filings may also be excellent for small business owners who are not seeking to continue their enterprise and are looking for debt restructuring.

Business bankruptcy and personal bankruptcy can be a burden, but you don’t have to go through the process alone. Montare Law has helped countless clients through chapter 13 filings as an attentive advocate to their needs.

Personal Bankruptcy

If you are feeling burdened by debt and are struggling to overcome seemingly impossible odds, rest assured that you are not alone.

There are many options available to those who are seeking debt relief. Bankruptcy Lawyer Ariadne Montare has spent the last few decades utilizing her expert knowledge of bankruptcy law and finance to come alongside clients as they rid themselves of the burden of debt.

We offer comprehensive bankruptcy lawsuit services, including counsel and representation throughout Chapter 7, Chapter 11, and Chapter 13 filings, and more.

Client Reviews

Student Loan Debt Lawyer

With more Americans attending higher education institutions every year, it’s no surprise that student loan debt has become one of the hottest topics in the U.S. Recent studies have shown that American workers are the most highly educated they have ever been, but that their incomes rarely reflect their level of education in the way one would expect.

If you are struggling with student loan debt, you are one of many, but your circumstances and situation are completely unique. We are committed to providing every available opportunity for people to turn a new leaf and continue to pursue their goals.

Student Loan Debt Lawyer Ariadne Montare offers attentive and tailored care to clients seeking counsel for their student loans matters.

Medical and Hospital Bills

When you go through a medical emergency, the last thing on your mind is your finances. Dealing with long-term illnesses and traumatic events can put you in a state of tremendous emotional strife — in addition to the sometimes tremendous physical burden that comes with these issues.

While you may reach a point of healing through medical attention, it can be incredibly stressful to deal with the enormous bills that come after. These fees and charges can put people who were in otherwise healthy financial situations into a state of immense uncertainty.

Our firm understands that medical bills can be daunting and that the most important thing to focus on is your health. We have years of experience in helping people navigate medical debt and find resolutions to financial issues that keep them trapped in the past.

Medical Bills Lawyer Ariadne Montare is focused on using aggressive negotiation techniques and thoughtful consideration of your needs in order to pave a way for you to focus on the future.

How To Find Us?

Address: PO Box 26 Rhinebeck, NY 12572

Phone: (845) 218-7060

Fax: (845) 445-9931

Open: (Monday - Friday): 10:00 AM - 5:00 PM
Evening Appointments Available Upon Request

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Legal Answers

I would suggest that you consult an attorney who specializes in debt relief. Doing a Chapter 13 might make sense in certain situations, such as trying to save a home or car. If you are judgment-proof or won't qualify for a Chapter 13, there are other options for dealing with the debt, such as seeking a hardship discharge from your creditors. You should also consider a non-profit debt counseling agency who can help you draw up a budget and possibly negotiate with your creditors. And good luck with staying mentally healthy. I know from some of my clients' struggles how hard that can be.

This is hard to answer without more facts but whether you can sue in state court depends on whether the right to sue the agency in state court exists in the legislation that created the agency. Whether you can sue the SBA also depends on whether the agency has waived its sovereign immunity (the immunity government entities have against being sued) through its dealings you. This would be very hard for you to figure out without the aid of an attorney who is knowledgable about federal law.

I would send a letter to the General Counsel of the hospital explaining the situation and copy the attorney who represented the hospital in your court case. If you don't get a favorable response, I suggest you file a complaint with your state's Office of Consumer Affairs. Also consider contacting your state representative's office, who might be able to get this resolved much more quickly. You may also send a copy of the settlement to the state office of taxation in care of the General Counsel and the Inspector General for the state treasury department, if they have one.

The Bankruptcy Code presumes that extensions of credit, such as cash advances on your credit cards, made within 70 days of bankruptcy and totaling $1,000 or more are taken with the intent not to pay back the advances and therefore are not dischargeable (meaning that you will still owe the debt after the bankruptcy is over). Your creditors also have the right to challenge the dischargeability of the debts no matter when they occurred, claiming that the debtor never intended to repay them, by filing an exception to discharge of the debt. The burden is on the creditor to prove the debtor's intent to not pay, which is usually very hard for credit card companies to prove so most will not file an exception to discharge. However, the best course of action is to wait at least 3 months after incurring large amounts of debt to file for bankruptcy and to hire an experienced bankruptcy attorney.

It is hard to answer this question without more information about the Purdue bankruptcy. The court may have appointed an attorney or a committee to negotiate on behalf of the personal injury victims. You may also be able to file a proof of claim for your injury if the bar date for such claims has not yet passed. Either way, I would consult a bankruptcy attorney to see what your options are.

There are many for-profit debt consolidation companies that make misleading or incomplete claims that entice consumers to sign up. If you think that has happened here, you can complain to the state attorney general's consumer division and to the federal Consumer Protection Finance Bureau. In the meantime, you have to read the fine print in the contract you signed to find out what exactly they promised to do and what exactly are your obligations. If you still don't understand, then I would contact a consumer law or bankruptcy attorney to help you figure it out. There are also not-for-profit credit counseling agencies that can help.

I would contact the Department of Public Service, the agency that regulates the utilities. They have a consumer services office that handles disputes with the utilities. Google the DPS Office of Consumer Services where you will find a link to filing a complaint and a phone number.

I also agree that you should consult a bankruptcy attorney. Once your creditors get a judgment against you, they will file a judgment lien against your house, which must be paid off before the house can be passed on to your heirs. Bankruptcy will clear away all of your consumer debt including unpaid medical bills. The attorney consultation is usually free and after that you will have a much better understanding of your options.

We Serve Clients Throughout New York. Call For Free Assessment Of Your
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