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Month: March 2011

Business bankruptcies in New York and the debtor in possession

What distinguishes business bankruptcies from other bankruptcies in New York?  And what exactly is a “debtor in possession”? At the simplest level, business bankruptcies involve a business rather than just an individual who is filing for bankruptcy.  Business bankruptcies also often involve a corporate entity, whether that’s a corporation, a limited liability company or even …

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NY bankruptcy exemptions and exempt property in bankruptcy

NY bankruptcy exemptions have gone through some changes this year.  And if you’re a potential New York bankruptcy filer with bankruptcy assets to protect, then those changes are mostly for the better. First off, what are exemptions?  Exemptions in the bankruptcy context are assets that would normally be part of the bankruptcy estate but which …

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What is a Chapter 11 bankruptcy?

What is a Chapter 11 bankruptcy, do they ever happen in Brooklyn, NY, and do I need Chapter 11 bankruptcy attorneys to file a Chapter 11 case? 1.  Chapter 11 bankruptcy is “reorganization,” as opposed to Chapter 7 “liquidation.”  It’s frequently  used by corporations that need bankruptcy protection.  And it’s also often used by individuals …

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Can creditors call you at work in New York? How to stop creditors from calling you

Can creditors call you at work in New York? Under the fair debt collection law (known as the Fair Debt Collection Practices Act), the answer is YES–UNLESS you tell them that you cannot take calls at work. And you can communicate this to a debt collector either orally or in written form.  It is important …

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Bankruptcy 7: Who can’t file for Chapter 7 bankruptcy in New York?

Brooklyn bankruptcy lawyers can help you file for bankruptcy in New York.  But not everyone is eligible for Chapter 7  under the 2005 bankruptcy laws.  An experienced New York Chapter 7 bankruptcy attorney is therefore extremely important in helping you figure out if you are eligible for Chapter 7. Who can’t file for Chapter 7? …

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How do I declare bankruptcy in New York? And can I file bankruptcy without my spouse?

“How do I declare bankruptcy?” It’s of course not as simple as that scene in The Office where Steve Carell’s character stands in front of his colleagues and literally “declares” bankruptcy out loud for all to hear.  (Ask any other Brooklyn, NY bankruptcy attorney and they’ll confirm this for you as well.) The first step …

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Bankruptcy and medical bills: Dealing with medical debt

Medical debt is responsible for over 60% of all bankruptcies in the U.S., and New Yorkers are no exception.  People often think that medical debt has some special status.  But if you consult with any experienced Brooklyn debt relief attorney, you’ll realize it’s actually just unsecured debt, no different than credit card debt. Bankruptcy and …

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