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Offices in downtown Brooklyn & Melville, LI

26 Court St, Suite 2211
Brooklyn, NY 11242-1125
Phone: (718) 855-6840
Toll Free: (800) 297-6840
Fax: (718) 625-1966
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68 South Service Road, Suite 100
Melville, NY 11747
Phone: (631) 454-5248
By Appointment Only


What to Do When Your Landlord Is in Foreclosure

It’s more common for tenants to file New York bankruptcy than their landlords—especially with rents as high as they are now. Landlords do, however, run into financial difficulties sometimes, so anxious tenants might want to know what they should do. If this is a problem on your horizon, here are a few points:

(1)  Pay . . . → Read More: What to Do When Your Landlord Is in Foreclosure

Government Proposing A New Student Loan Repayment Option: REPAYE

It seems like yesterday when there were only a handful of options for dealing with federal student loans: consolidation, deferment, and forbearance. Then, in a matter of a few years, the government created a slew of acronymic hardship repayment programs: ICR, PSLF, IBR, and PAYE. Keeping these plans straight is difficult since they share so . . . → Read More: Government Proposing A New Student Loan Repayment Option: REPAYE

Tweaking Self-Employment Income to Beat the Means Test Can Be Risky

Recall that debtors can use irregular incomes to their advantage to avoid taking the chapter 7 means test. (In New York bankruptcy, the median family income is $49,632 for a family of one and goes up from there for each additional family member.) The linked post gives as an example an individual who was about . . . → Read More: Tweaking Self-Employment Income to Beat the Means Test Can Be Risky

Home Affordable Modification Program a Dismal Failure

Last year I wrote an article about how to spot loan modification scams. Some credit rehabilitation companies were offering to help people sign up for loan modifications, specifically through the Home Affordable Modification Program (HAMP). Like most scams, the telltale whiff of wrongdoing was that the companies were asking for upfront fees before they did . . . → Read More: Home Affordable Modification Program a Dismal Failure

Filing Bankruptcy When a Trustee Seeks to Avoid a Preference

I while back, I wrote an article outlining the various defenses the Bankruptcy Code affords a party when a trustee in a bankruptcy case seeks to avoid a transfer made to that party. “Avoid,” here, means the trustee can recover the payment to the party for the bankruptcy estate. The goal is to prevent debtors . . . → Read More: Filing Bankruptcy When a Trustee Seeks to Avoid a Preference

Chapter 13 Should Not Be Confused With Income-Based Repayment

The Pittsburgh Post-Gazette ran an interesting article on private student loan debts and chapter 13 bankruptcy. I wrote on this very topic back in 2013, but the article combines a few additional points about bankruptcy worth discussing.

For one, as far as it goes, the article is correct: Chapter 13 can reduce monthly payments to . . . → Read More: Chapter 13 Should Not Be Confused With Income-Based Repayment

What Exactly Is an ‘Asset’ in New York Bankruptcy?

It’s a simple question that arose recently when I wrote about perks, miles, gift certificates, and other non-fungible currencies that everyday Americans receive from corporate retailers. The question was whether those benefits could be taken by the trustee in bankruptcy. Aside from the practical issue of the restrictions the issuers place on them, the answer . . . → Read More: What Exactly Is an ‘Asset’ in New York Bankruptcy?

The Chapter 13 Debtor’s Last Hurdle: The Section 1328 Certificate

Chapter 13 New York bankruptcy involves plenty of paperwork, to say nothing of patience on the part of the debtor. One particular hurdle a debtor must overcome is completing the “section 1328″ certificate—named for its place in the Bankruptcy Code—and submitting it on time. The discharge order depends on the debtor doing so.

So what . . . → Read More: The Chapter 13 Debtor’s Last Hurdle: The Section 1328 Certificate

Do Debtors Think Mandatory Financial Education Works?

That’s the question a pair of researchers raised a few years ago, and the answer might provide insights to debtors in New York bankruptcy. Since the 2005 Bankruptcy Abuse Prevention and Consumer Protection Act was passed, debtors have been required to complete a financial education course prior to discharge, which is not to be confused . . . → Read More: Do Debtors Think Mandatory Financial Education Works?

What Happens to Second Homes in Bankruptcy?

Most of the time, a New York bankruptcy will involve at most only one property, but it’s not unusual for debtors to own more. I’ve touched on the topic of investment properties before, but the topic of second homes or vacation homes is a little different because it’s more personal. So, what happens to them?

. . . → Read More: What Happens to Second Homes in Bankruptcy?