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.

• 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. When to file Chapter 13 to stop foreclosure after 120 days nonpayment?

May 3, 2025

A: While there are no immediate time pressures that would necessitate an ASAP filing, remember that each month your case does not get filed you are another month behind in your mortgage payments, which would slightly increase the "bare bones" minimum monthly Plan payment amount needed for your Plan to be confirmed by the Court. This can be an important factor if your budget is tight and have little disposable income to devote to your Plan.

Q. How to handle vehicles in Chapter 7 bankruptcy in New York?

February 17, 2025

A: The vehicles should not present any problems in a Chapter 7 filing. The $4,000 van will be exempt from your Trustee's liquidation efforts. The wife's vehicle with no equity will not be liquidated by the Trustee--if you want to keep the vehicle just continue making the monthly payments. The unregistered, non-working vehicle worth $500 will not be liquidated by your Trustee--a Chapter 7 Trustee will not start an "asset" case over $500.

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.