Married debtors in New York bankruptcy are more likely to have signed prenuptial agreements than debtors elsewhere just because so many New Yorkers are wealthy and want to protect their wealth in the event of a divorce or early death. Because marriage and bankruptcy intersect—often unpleasantly, alas—some debtors wonder what effects a prenuptial agreement might …
(Click here to read, “Who Are Chapter 13 Bankruptcy Debtors?” part 1.) In the first post on this topic, I displayed tables from the 2016 Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) Report. The report contains a large amount of information, albeit with a little less detail than one would hope, that can help …
Who Are Chapter 13 Bankruptcy Debtors? (Part 2 of 2) Read More »
I recently completed a series of posts providing data on who chapter 7 New York bankruptcy debtors are. The source, the 2016 Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) Report, can help answer questions about the characteristics of bankruptcy filings in most chapters, and today I’ll focus on the next most common chapter New …
A few months ago, I wrote about when a chapter 7 bankruptcy case can be dismissed, and I touched on dismissals that are with or without “prejudice.” Today I’ll clarify what this means for New York bankruptcy debtors. Section 349(a) of the Bankruptcy Code prevents a dismissal from interfering with a debtor’s future rights to …
When Can a Bankruptcy Case Be Dismissed With Prejudice? Read More »
In a blog post, the Federal Reserve Bank of New York asks, “Who Is More Likely to Default on Student Loans?” The question is relevant because the percentage of student debtors who have defaulted on their loans after five years has grown to 28 percent for 2010-11 grads, up from 19 percent for 2005-06 grads. …
In my post discussing how many people file New York bankruptcy each year, one unusual number jumped out: “business filings” in chapter 13. In 2016, 31 debtors filer in the Southern District of New York, which covers Manhattan, the Bronx, and a few other downstate counties, filed in chapter 13, even though the Statistical Tables …
When Should Debtors Consider Chapter 13 for ‘Business Filings’? Read More »
New York bankruptcy debtors often have retirement accounts, investment retirement accounts (IRAs) and 401(k) plans with their employers, and they regularly consider depleting those accounts to pay off creditors rather than file bankruptcy. One feature that tempts debtors into doing this is the ability to take out loans against their retirement accounts. Essentially, they are …
I recently analyzed bankruptcy data to find out who chapter 7 New York bankruptcy debtors are. The dataset came from the federal courts’ 2016 BAPCPA Report, which contains information on people who file bankruptcy but owe mainly consumer debts. However, not all bankruptcy debtors are consumer debtors, so the post gave incomplete information on how …
How Many People File New York Bankruptcy Each Year? Read More »
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