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

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

Testimonials

"After finding out I am dealing with the worse trustee in the city, I hired Bruce Weiner. He made my case a priority as he does will all his cases..." 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

When Can a Debtor Reopen a New York Bankruptcy Case?

Sometimes after bankruptcy cases are closed or dismissed, debtors will want to reopen them for a variety of reasons depending on the circumstances. Bankruptcy courts have substantial power to grant debtors requests to reopen their cases, so it can be helpful to know when it’s allowed, especially when self-represented debtors’ cases were dismissed due to . . . → Read More: When Can a Debtor Reopen a New York Bankruptcy Case?

Bankruptcy Questions? Contact Your Lawyer, Not the Trustee

The trustee in a New York bankruptcy case will probably be a nice person. My practice represents them, even. For consumers, though, the trustee’s congeniality might be confused with his or her responsibilities. The trustee’s responsibility is to the bankruptcy system, specifically the estate that’s created by the bankruptcy filing. Thus, the trustee does not . . . → Read More: Bankruptcy Questions? Contact Your Lawyer, Not the Trustee

Two Reasons to Incorporate Before a Business Bankruptcy

Debtors operating sole proprietorships can encounter disadvantages in a chapter 7 New York business bankruptcy as compared to more common no-asset, low-income, non-business debtors in the same chapter. They both face chapter 7’s income thresholds, yet non-business debtors need not worry whether a trustee will put a stop to their incomes or sell the assets . . . → Read More: Two Reasons to Incorporate Before a Business Bankruptcy

Digital Currencies Are Assets in Bankruptcy

It did not take long for the Internet to create new markets for consumers. It’s one of the Internet’s primary contributions to people’s lives. Like all new things, as it comes into contact with old laws, novel pitfalls emerge—like debt collectors on social media. Because people transact frequently via the World Wide Web, debtors sometimes . . . → Read More: Digital Currencies Are Assets in Bankruptcy

Attorney-Client Privilege: Whose Is It in an Individual New York Bankruptcy?

The short answer is: We don’t know—according to a November 2016 article in New York Law Journal. In discussing the topic, the authors could not find any court cases in the Second Circuit addressing which party controls the attorney-client privilege in a New York bankruptcy.

Before explaining why this is an issue, it’s necessary to . . . → Read More: Attorney-Client Privilege: Whose Is It in an Individual New York Bankruptcy?

Post-Petition, ‘After-Acquired’ Property in Chapter 13

Most New York bankruptcies are chapter 7 cases, and debtors don’t need to worry about property acquired after the case is filed. Section 541(a)(5) of the Bankruptcy Code governs “after-acquired” property, and limits it to three post-petition assets that can be roped into the bankruptcy estate if debtors acquire them within 180 days of filing. . . . → Read More: Post-Petition, ‘After-Acquired’ Property in Chapter 13

Unperfected Liens: Clear Advantage in Chapter 11, Tougher in Chapter 13

I’ve written about how debtors can avoid liens in New York bankruptcy when they impair their exemptions, but trustees can avoid liens against debtors’ assets too, thanks to section 544 of the Bankruptcy Code. Of particular value to some debtors is the trustee’s power to avoid liens that creditors improperly recorded—also described as “unperfected.” It . . . → Read More: Unperfected Liens: Clear Advantage in Chapter 11, Tougher in Chapter 13

Environmentally Contaminated Property in New York Bankruptcy

Real estate in bankruptcy generally concerns debtors, creditors, the trustee, and maybe some tenants. But when that real estate is environmentally contaminated for some reason, then the number of participants swells to include nearby parties who might be affected and environmental regulators. Bankruptcies involving environmental laws are almost always long, complex, and business related. So . . . → Read More: Environmentally Contaminated Property in New York Bankruptcy

What Is a Conduit Mortgage Provision and Is It Worthwhile?

In a typical chapter 13 New York bankruptcy repayment plan, the debtor pays any prepetition mortgage arrearages in the regular plan payments to the trustee in full and any post-petition mortgage payments directly to the lender as though the bankruptcy had not occurred. Two separate payments might be cumbersome to debtors, so the question is . . . → Read More: What Is a Conduit Mortgage Provision and Is It Worthwhile?

Private Licenses in Bankruptcy

A few weeks back, I wrote about how New York bankruptcy addresses publicly issued licenses, ranging from driver’s licenses to occupational licenses. Now I’ll discuss private licenses, which generally come up in bankruptcy cases with a business dimension. What are these and how do they work? Actually, people buy private licenses all the time without . . . → Read More: Private Licenses in Bankruptcy