Michael O'Leary

Michael O’Leary, Esq. devotes his entire practice to consumer bankruptcy law, handling cases under Chapter 7 and Chapter 13 for individual persons, married couples and small businesses. In addition to having filed several thousand consumer bankruptcy cases for clients and having counseled many thousand more, Michael O’Leary served as a Chapter 7 Bankruptcy Trustee in the Poughkeepsie (NY) Bankruptcy Court for seventeen (17) years (i.e. 1994 thru 2011), and administered well over ten thousand (10,000) Chapter 7 cases while serving in said capacity. Mr. O’Leary has established a well-deserved reputation as an attorney who capably and successfully represents his clients throughout the bankruptcy process, and is a Past President of the Hudson Valley Bankruptcy Bar Association. Having practiced consumer bankruptcy law for forty (40) years, Michael O’Leary brings to each case that he handles a very broad and deep understanding of consumer bankruptcy practice, and with this broad experience, he is uniquely able to navigate his clients through the bankruptcy process.

• FaceTime
• Will participate in Zoom or Microsoft Teams meeting if hosted by another.

• Free Consultation
  Prefer in-person consultations at my office, as (in my view) this leads to the best exchange of information. Will do telephonic or Face Time consultations in appropriate circumstances, such as our current pandemic situation.

New York

New York State Office of Court Administration

Since 1978

Southern District of New York

Since 1981

Attorney--Partner

Hayward, Parker & O'Leary, Esqs.

1986 - Current

Consumer bankruptcy attorney handing Chapter 7 and Chapter 13 cases and small business Chapter 7 cases

Chapter 7 Trustee panel member

Office of United States Trustee

1994 - 2011

Administering Chapter 7 bankruptcy cases filed in the Poughkeepsie Division of the Southern District of New York

Associate Attorney

John C. DiPirro, Esq.

1978 - 1986

Consumer bankruptcy attorney handling Chapter 7 and Chapter 13 cases and small business Chapter 7 cases

State University of New York - Buffalo

J.D. | Law School

1974 - 1977

State University of New York - Binghamton

B.A. | Political Science

1970 - 1974

National Association of Consumer Bankruptcy Attorneys

Member

Current

American Bankruptcy Institute

Member

Current

Hudson Valley Bankruptcy Bar Association

Member--Past President

Current

Capital Region Bankruptcy Bar Association

Member

Current

National Association of Bankruptcy Trustees

Member

Current

Q. Do you have to report social security benefits in Chapter 7 filing?

April 16, 2024

A: Social Security benefits do not have to be included in your Means Test. These benefits should be listed in Schedule I (Income) of your bankruptcy petition, but the entire amount can be "backed out" on Schedule J (Expenses), as 42 USC 407 makes it clear that Social Security benefits have no application in bankruptcy cases.

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

August 28, 2023

A: An $80 per month Plan can be confirmed. The Ch. 13 Trustee in the Poughkeepsie Court objects to Plans featuring payments of less that $50 per month, and frequently will try to get a low paying Plan increased to $75 per month, but $80 per month will clearly work. Tax refunds received during the Plan that exceed $1,500 per debtor per year must be contributed to the Plan as well.

Q. Filed ch7 bankruptcy 5 yrs ago. Need to file again. Unsecured debt only, under median income no disposable income.

August 17, 2023

A: In the Poughkeepsie Division of the SDNY, where I practice, for a Chapter13 Plan to be confirmed it must provide for a monthly payment of at least $50 to $75. Your payment may have to be greater, in order to comply with the hypothetical liquidation analysis prong of the requirements for confirmation. Suggest you contact a competent bankruptcy attorney to proceed.