Questions about bankruptcy?
Tel. 1-800-297-6840

26 Court St, Suite 2211
Brooklyn, NY 11242-1125

Testimonials

"My experience with Mr. Weiner was exceptional. He provided me with top notch service and expert opinions while representing me in my bankruptcy case..." read more...
Contact Form Shortcode Error: Form 3 does not exist
Schedule a consultation:

No Cost, 30 Minute Consultations In Brooklyn, NY or Melville, LI

ProPublica Finds Significant Racial Disparities in Bankruptcy Outcomes

Ideally, debtors’ circumstances and not their ethnicities should influence bankruptcy chapter choices. According to a ProPublica study from September, however, the United States falls far short of that ideal. In a series of articles, the advocacy group’s researchers discuss the significant racial disparities in debtors’ chapter choices and outcomes: Specifically, black debtors tend to file . . . → Read More: ProPublica Finds Significant Racial Disparities in Bankruptcy Outcomes

Bankruptcy Has No Statute of Limitations

Not all areas of the law are the same, which can lead to confusion for people who are unfamiliar with the law. This can be especially true for bankruptcy because it’s a mundane court process that millions of Americans have encountered, even though it takes place in federal court. One question debtors may ask is . . . → Read More: Bankruptcy Has No Statute of Limitations

Talk to a Bankruptcy Lawyer Before Negotiating With an IRS Debt Collector

Tax debts can bedevil debtors. They are not easily discharged in a chapter 7 New York bankruptcy, and they are priority claims that must be paid in full without interest in chapter 13. Unsurprisingly, the IRS’s collection efforts will cause more anxiety to debtors than mere credit-card-debt collectors. However, a recent New York Times article . . . → Read More: Talk to a Bankruptcy Lawyer Before Negotiating With an IRS Debt Collector

7 Debts That Are Dischargeable in Chapter 13 But Not Chapter 7

The majority of consumer New York bankruptcy cases are filed in chapter 7 rather than chapter 13, usually for understandable reasons. Debtors choosing chapter 7 probably have few assets, low incomes, and they are mostly looking to discharge unsecured debts. Although chapter 13 might not appear right for many, it does discharge some unsecured debts . . . → Read More: 7 Debts That Are Dischargeable in Chapter 13 But Not Chapter 7

How to Keep Your Pets in New York Bankruptcy

More than two-thirds of American households have pets, and sometimes they run into financial difficulties. For the most part, though, New York bankruptcy protects debtors’ pets, but there are additional considerations that should assuage pet owners.

New York exempts pets. Section 5205(a)(4) of the New York Civil Practice and Law Rules exempts domestic animals from . . . → Read More: How to Keep Your Pets in New York Bankruptcy

How Does the ‘Bankruptcy Flag’ Affect Credit Scores?

One of the most common questions a New York bankruptcy lawyer hears is: How does bankruptcy affect credit scores? The best response is that credit scores are trivial compared to debtors’ financial problems. Bankruptcy is about accepting sunk costs of bad debt, even if it’s triggered by unfair circumstances such as a job loss or . . . → Read More: How Does the ‘Bankruptcy Flag’ Affect Credit Scores?

U.S. Supreme Court: Bad Proofs of Claim Do Not Violate the FDCPA

A few months ago, the U.S. Supreme Court chose to hear a case deciding whether a chapter 13 bankruptcy debtor could sue a debt collector for violating the Fair Debt Collections Practices Act (FDCPA) for filing a proof of claim on an expired debt. For New York bankruptcy debtors, the answer already is no, but . . . → Read More: U.S. Supreme Court: Bad Proofs of Claim Do Not Violate the FDCPA

New York Bankruptcy Court Prohibits Lien-Stripping of Debtor’s Duplex

It’s an unfortunate fact of Chapter 13 that it does not allow debtors to cram down their mortgages to the market value of their properties the way they can auto loans. Specifically, debtors can’t cram down their principal homes’ mortgages, but cram-downs are possible for investment properties. One question that’s been popping up recently in . . . → Read More: New York Bankruptcy Court Prohibits Lien-Stripping of Debtor’s Duplex

How Do Debtors Prioritize Their Debts?

When debtors have too few funds to pay too many debts, they don’t try to distribute their money among all their debts. Rather, they prioritize some debts over others. The insight, courtesy of a blog post at the Federal Reserve Bank of New York’s Web site, can help debtors and New York bankruptcy lawyers determine . . . → Read More: How Do Debtors Prioritize Their Debts?

Do Chapter 13 Debtors Have FDCPA Claims Against Creditors With Stale Debts?

It’s a question that came up in 2015, and the answer isn’t favorable to debtors in New York bankruptcy. When debtors file in chapter 13, creditors file proofs of claim because they usually expect to receive disbursements from the bankruptcy estate. In New York, it’s almost certain.

The rub, though, is that sometimes creditors file . . . → Read More: Do Chapter 13 Debtors Have FDCPA Claims Against Creditors With Stale Debts?