Cristina M. Lipan

Cristina Lipan represents chapter 7 trustees in chapter 7 and chapter 11 bankruptcy cases, as well as representing debtors in chapter 11 bankruptcy cases. A local New York State graduate, Ms. Lipan is admitted to practice in the Southern and Eastern Districts of New York Bankruptcy Courts.

Bankruptcy

Chapter 11 Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy

• Free Consultation

New York

Since 2011

Bankruptcy Attorney

LaMonica Herbst & Maniscalco, LLP

2020 - Current

Bankruptcy attorney, chapter 7 and chapter 11.

Attorney

Law Offices of Joseph A. Romano, P.C.

2018 - 2020

Bankruptcy Attorney

Shipkevich PLLC

2017 - 2018

Bankruptcy Project Manager

Garden City Group, LLC

2016 - 2017

• Provided administrative services in complex Chapter 11 cases. • Managed notice and service requirements during a chapter 11 bankruptcy case, including solicitation and public offerings. • Supported business development team by conducting research on distressed companies, while maintaining Salesforce database and preparing various reports.

Bankruptcy Attorney

Borges & Associates

2011 - 2016

• Represented creditors in commercial bankruptcy cases. • Followed bankruptcy cases to ensure proper treatment for the client by reviewing case filings such as operating reports, sale motions, and plan and disclosure statements. • Ensured creditors paid by filing claims, preparing motions for allowance and defending against claims objections. • Defended creditors against lawsuits brought by the debtor or trustee, including preference and fraudulent conveyance actions. Reviewed client accounting data and creating defense analyses to find the lowest possible exposure for the creditor. • Researched various facets of the law, including bankruptcy issues and contract disputes. Drafted and filed court documents, including motions and memorandums. • Negotiated settlements for avoidance actions and claims objections. Drafted stipulations of settlement. • Appeared at court hearings, presented oral arguments on submitted motions, and presented various issues and resolutions to the presiding Judge.

Hofstra University

J.D. (2010) | Law

2007 - 2010

Honors: Dean’s Scholar Program Annual Dean’s List for 2007-08 Dean’s List, Fall 2009

Activities: Hofstra Labor and Employment Law Journal, Staff Member Hofstra Law Women, Charitable Events Coordinator, 2008-2009 Participant in the Moot Court Competition, Fall 2008

City University of New York - Hunter College

B.S. (2007) | Economics

2003 - 2007

State Bar of New York  # 4896270

Member

Current

Q. What type of Lawyer do I need regarding a collateral assignment on an SBA Business Loan that was part of a bankruptcy?

March 16, 2023

A: No, it's a secured claim, they did not need to file a proof of claim, and it is not discharged in the bankruptcy. You should speak to an attorney (bankruptcy or debt relief) to determine whether perhaps the security interest was not properly perfected.

Q. What is the difference between a creditor and an expense, Chapter 13?

March 9, 2023

A: If he is required to pay for your attorney by a matrimonial order, this would be a domestic support obligation (DSO), which is not dischargeable in bankruptcy (meaning whatever is not paid through the bankruptcy, he would still owe the balance). Ex remains liable for the DSO regardless of whether bankruptcy continues or is dismissed. Why do you want the case to be dismissed? If your DSO claims are part of the Chapter 13 plan, you'll be paid from the Plan by the Trustee , and whatever is not paid, you can still pursue recovery after bankruptcy is closed, while other creditors can't. If the case is dismissed, you would be fighting to collect what you're owed along with all other creditors. It's doubtful the case would be dismissed for failure to list creditors anyway. People forget to list creditors all the time, it really depends if it was intentional and what the consequences would be. A creditor who was not listed might get their claim deemed nondischargeable if they didn't get a chance to share in distribution.

Q. When filing a Motion to Dismiss, do I need to be careful about privacy when attaching exhibits?

March 9, 2023

A: Yes, certain information (personally identifiable information) needs to be redacted. See Federal Rule 5.2, a copy available here: https://www.law.cornell.edu/rules/frcp/rule_5.2 (this might not be the most updated version of the rule). More importantly though, what is it you seek to accomplish by filing a motion to dismiss and including this letter? It's a potential bonus, not actual income he's not disclosing, or even future income he expects to receive. If he does get a bonus, then he would be required to disclose that income. There may be more to it, but I don't see the relevancy.