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Month: July 2018

Income-Driven Repayment Plans Don’t Always Help Debtors Afford Homes

It’s often a challenge to discharge student-loan debt in a New York bankruptcy case, which is why I have consistently recommended debtors with federal-education loans choose income-driven-repayment (IDR) plans if they find their monthly payments difficult to afford. These plans reduce monthly payments to a fraction of ten-year repayment plan and offer loan forgiveness after …

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Big FDCPA Supreme Court Case Offers Lessons to New Yorkers

Maybe it’s good news for some New Yorkers, but its result probably won’t affect them: The U.S. Supreme Court recently chose to hear a case about whether the Fair Debt Collections Practices Act (FDCPA) applies to parties initiating non-judicial foreclosures. New York State, however, no longer allows non-judicial foreclosures, so the Court’s ruling probably won’t …

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What Is ‘Bifurcation’ in New York Bankruptcy?

Sometimes debtors hear the term “bifurcation” in New York bankruptcy, and they ask what it is, hoping it will help them. Although the term sounds sophisticated, it’s actually something that’s routinely associated with chapter 13: cram-downs. It’s a topic I’ve discussed before, but here I’ll synthesize everything in one place. In a sense “bifurcation” does …

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Is It Better to Pay Off Credit-Card Debt or Student-Loan Debt First?

Many New York bankruptcy debtors owe both credit-card debt and student-loan debt, so debtors in similar circumstances might want to know if it’s better to pay down one rather than the other to avoid bankruptcy. It’s an especially important question because of the challenge in discharging student-loan debt. Maybe it’s better to focus on that …

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