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Month: February 2014

Justice Department Recognizes Same-Sex Marriages in Bankruptcy

In June 2013, the U.S. Supreme Court struck down Section 3 of the Defense of Marriage Act (DOMA) as unconstitutional in United States v. Windsor. Section 3 defined “marriage” in federal law as “a legal union between one man and one woman as husband and wife.” DOMA required the Bankruptcy Code to deny same-sex married …

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Chief Judge Selects Bruce Weiner For Bankruptcy Advisory Committee

Chief Judge Carla E. Craig of the United States Bankruptcy Court for the Eastern District of New York, has asked Brooklyn bankruptcy attorney and partner Bruce Weiner to join a select group of bankruptcy practitioners in an advisory committee designed to provide “a forum for communication and feedback between the Board of Judges and the …

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Bruce Weiner Saves Another Valuable Property From Foreclosure and Puts $7 Million Into The Hands of His Clients

In another recent complex bankruptcy case, Brooklyn NY foreclosure attorneys Bruce Weiner prevailed in a matter involving two business partners who were fighting. They owned a valuable property which went into foreclosure and they almost lost it to the bank. Mr. Weiner was able to stop the foreclosure and mediated an agreement between the partners to …

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Is Another Mortgage Crash Coming for New York Homeowners?

In the last few weeks, two interesting pieces of news appeared for those interested in America’s housing debt situation. Taken together the articles might affect people who are considering filing New York bankruptcy. One, the Census Bureau’s Housing Vacancy Survey published its fourth quarter 2013 numbers (PDF) as well as its annual estimate of households …

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Bruce Weiner Saves Valuable Park Slope Properties From Foreclosure

In a recent, complex bankruptcy case; Brooklyn NY foreclosure attorneys Bruce Weiner developed a Chapter 11 plan for a local real estate investor that was confirmed in bankruptcy court. The plan resulted in a win-win situation for the creditors, the debtor and a new joint venture partner. The case involved multiple parcels of real estate …

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What Is a ‘Future Flow Agreement’ and Why Should I Care?

The term “future flow agreement” sounds like a complicated derivative product Wall Street cooked up. It probably is, but in practice it’s really just a mechanism for banks to make money when debtors file bankruptcy. That should sound weird because once a debt is discharged it can’t be collected. Normally such debts take up lines …

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Don’t Be Concerned With the Term ‘Debt Relief Agency’

If you are falling into financial difficulties, and you are about to discuss your situation with a New York bankruptcy lawyer, you might be told you are consulting with a “debt relief agency.” This phrase might be confusing as it sounds a lot like “debt settlement,” which is entirely different from bankruptcy. What exactly is …

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Who Are ‘Insiders’ in a Preference Action?

We recently discussed the elements a trustee must prove to avoid (that is, invalidate) a preferential payment to a creditor made before a New York bankruptcy filing (called a “preference”). One requirement is that the payment occur within 90 days of the petition or between 90 days and one year of the petition if the …

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