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Michael O'Leary

Michael O'Leary

Practice limited to bankruptcy and closely related matters. Free consultations.
  • Bankruptcy
  • New York, Southern District of New York
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Biography

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.

Practice Area
    Bankruptcy
    Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Debt Relief
Video Conferencing
  • FaceTime
  • Will participate in Zoom or Microsoft Teams meeting if hosted by another.
Fees
  • 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.
Jurisdictions Admitted to Practice
New York
New York State Office of Court Administration
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Southern District of New York
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Languages
  • English: Spoken, Written
Professional Experience
Attorney--Partner
Hayward, Parker & O'Leary, Esqs.
- 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
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Administering Chapter 7 bankruptcy cases filed in the Poughkeepsie Division of the Southern District of New York
Associate Attorney
John C. DiPirro, Esq.
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Consumer bankruptcy attorney handling Chapter 7 and Chapter 13 cases and small business Chapter 7 cases
Education
State University of New York - Buffalo
J.D. | Law School
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State University of New York - Binghamton
B.A. | Political Science
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Professional Associations
National Association of Consumer Bankruptcy Attorneys
Member
Current
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American Bankruptcy Institute
Member
Current
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Hudson Valley Bankruptcy Bar Association
Member--Past President
Current
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Capital Region Bankruptcy Bar Association
Member
Current
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National Association of Bankruptcy Trustees
Member
Current
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National Association of Chapter 13 Trustees
Member
Current
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Legal Answers
3 Questions Answered
Q. Is there a minimum repayment plan amount when filing a ch13 in NY Southern District court ?
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.
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.
Q. Will the trustee allow me to keep my Recovery Rebate Credit from my Economic Impact Payment ?
A: Refunds founded in recovery rebates are not being seized in the Poughkeepsie division of the Southern District of New York, where I practice. The provisions of 11 USC 541(b)(11) make it clear that recovery rebates are not property of the bankruptcy estate.
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Contact & Map
225 Dolson Avenue
Suite 303
Middletown, NY 10940
Telephone: (845) 343-6227
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