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Matt Leichter

Should You Rent Storage Space when Filing New York Bankruptcy?

People filing bankruptcy in New York are usually concerned about the disposition of major assets—and they should be—like houses, cars, jewelry, artwork, etc. Minor possessions, such as your furniture, heirlooms, and books are handled differently. True the bankruptcy code creates exemptions for these items. For example, in New York, they’re mostly covered by a $1,000 …

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What Happens If You Omit a Creditor from Your New York Bankruptcy?

In most bankruptcy filings, all the creditors are included in the bankruptcy petition, and a decent bankruptcy attorney will advise debtors to bring a recent credit report to their first consultation. All the creditors should be listed there. However, there are occasions when debtors forget to list a creditor on their petitions, and the question …

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Bankruptcy Petition Preparers in New York Are Frequently Not Worth the Money

New Yorkers who have debt problems regularly don’t have enough money to pay a bankruptcy attorney. There’s a strong incentive to cut costs as much as possible, and one way to accomplish this, they’re told, is to hire a bankruptcy petition preparer. There are many reasons to steer clear of these folks. Primarily, bankruptcy petition …

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Is It Worthwhile to Settle an Underwater Second Mortgage in New York?

Once a primary mortgage is underwater (i.e., the payments left on the mortgage are higher than the total value of the house), the second creditor holding the second (or higher) mortgage is in a precarious situation. At this point the homeowner has plenty of options in this situation, including discharging it in bankruptcy and then …

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Leasing Underwater Property While in New York Bankruptcy Is Usually Not a Good Idea

Frequently, when people file bankruptcy in New York, they don’t have much in the way of assets (e.g., a house and a car), but they do have quite a bit of debt. These cases sometimes have their difficulties, but for the most part a Chapter 7 or Chapter 13 will address the problem. In other …

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Bankruptcy Attorneys Recommend Returning Bankruptcy Protections to Student Loans

On February 7, 2012, the National Association of Consumer Bankruptcy Attorneys (NACBA) published the results of a survey of its 860 of its members. It found that a whopping four out of five bankruptcy attorneys reported a “major jump” in student loan debtors seeking counseling with bankruptcy attorneys. The NACBA characterized the problem as the …

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$1 Trillion of Student Loan Debt and Advice to Student Debtors in New York

The Federal Reserve tracks the amount of “nonrevolving” consumer debt in the United States. “Nonrevolving debt” contrasts with “revolving debt,” the difference being that revolving debt represents a set amount of credit that one can borrow in any amount at any time but can still reuse it once it’s paid off. Nonrevolving debt means the …

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Banks Are More Willing to Negotiate a Settlement on a Second Mortgage in New York Than One Might Think

When homeowners are deeply underwater on their mortgages and also have a second mortgage or home equity line of credit, they might be able to negotiate with the bank holding the second mortgage. The resulting settlement occasionally comes to a fraction of the total loan, and it’s understandable for people to wonder why second mortgagee …

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