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February 2010

Fraudulent transfer claims increase. What’s the impact on New Yorkers and New York business owners?

There’s a new study out titled “Risky Business: Financial Firms Face Wave of Fraudulent Transfer Claims“ by Navigant Consulting and The Economist Intelligence Unit. The gist of it is that debtors, trustees and creditors committees are increasingly pursuing “fraudulent transfer” (aka “fraudulent conveyance“) claims (i.e., attempts to recover improper payments) in the wake of the …

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Credit card practices “explained”….in a funny and satirical way

If you weren’t already cynical about the credit card industry’s practices in the face of the Credit CARD Act of 2009 which went into effect yesterday (Feb 22, 2010), take a look at this very funny and “educational” video by Mark Fiore: [youtube=http://www.youtube.com/watch?v=NCJHi-b0rhw&feature=player_embedded] Click here to read more posts on NYBankruptcyNet about credit cards For …

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The new credit card law: What New Yorkers need to know to protect themselves

The Credit CARD Act of 2009 goes into effect TODAY, February 22, 2010. What does it mean for New Yorkers like you and me? Will it really help us? Is there anything we have to watch out for? The answers:  More protections.  Yes, to some extent.  And yes, there are things to watch out for. …

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Credit Card Debt Collectors: Honey? Or more vinegar?

If you listen to the collections industry, credit card companies have started employing a lighter touch when it comes to debt collection. An article on CollectionsAndCreditRisk.com says that this strategy is an attempt by the credit card industry to mitigate its losses. However, based on everything I hear from my clients, such genteel behavior by …

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Presidents and bankruptcy: Jefferson and Lincoln

Happy President’s Bankruptcy Day everyone!  Did you know that both Thomas Jefferson and Abraham Lincoln dealt with bankruptcy?  Not the national debt, but their own personal bankruptcy. Is this something we as Americans should be ashamed of?  On the contrary, I think it shows off the strength and resilience of our country and our democratic …

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Pre-bankruptcy planning in New York and the continuing foreclosure crisis and economic recession

Grim economic news continues to pour forth. CBS News’ website has an articled titled “The Coming Foreclosure and Commercial Real Estate Storms.”  You thought we were already in the middle of the foreclosure crisis?  Well apparently there’s more to come. From the banks’ point of view, the longer they keep you on the hook, the …

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1099-C and Forgiveness of Debt: Another reason to be wary of debt settlement companies

I’ve previously warned against working with debt settlement companies on the basis that many of them are scams and just take advantage of people. However, here’s one more reason to be wary of debt settlement companies:  1099-C…. the tax document you receive signifying income when a debt is forgiven. If you negotiate a settlement so …

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Unemployment Update: Jobless claims up and bankruptcy to follow in New York

The latest unemployment news is out and it ain’t good. Economists were predicting a drop in unemployment claims.  But instead the Department of Labor’s report showed an increase in the number of first-time filings for state unemployment benefits. What does this mean from a bankruptcy perspective for New Yorkers? Conventional wisdom says that bankruptcy filings …

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