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Report: Mortgage Modifications That Reduce Payments Work Best

During the Great Recession, mortgage-modification programs emerged as an alternative to default or filing New York bankruptcy. The federal government created one of the larger ones, the Home Affordable Modification Program (HAMP), but the government-sponsored enterprises (GSEs) Fannie Mae and Freddie Mac also introduced their own versions. A new report by the JPMorgan Chase Institute

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Who Are Chapter 11 Bankruptcy Debtors? (Part 2 of 2)

(Click here to read, “Who Are Chapter 11 Bankruptcy Debtors?” part 1.) This post continues my analysis of the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) Report for 2016, specifically its data on chapter 11. Aside from displaying national information, these posts relate it to Brooklyn bankruptcy and New York bankruptcy. The report is

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Who Are Chapter 11 Bankruptcy Debtors?

Over the last several weeks, I have been researching the 2016 Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) Report’s data for insights into how New York bankruptcy debtors compare to debtors nationally. This post will focus on characteristics of chapter 11 Brooklyn bankruptcy and chapter 11 New York bankruptcy cases filed in 2016. The

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What Is the ‘Order for Relief’ in Bankruptcy?

The Bankruptcy Code is full of unusual terminology, but one of them that’s fundamental is the “order for relief.” What is this and what role does it play in a New York bankruptcy? In a voluntary bankruptcy—that is, one in which the debtor files voluntarily—the order for relief is the bankruptcy petition itself. That may

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N.Y. Fed: Student-Loan Defaults Match Bad Economy

In November, the Federal Reserve Bank of New York published a blog post discussing who defaults on student loans. In a companion piece, the branch’s economists investigated the extent to which student-loan defaults coincide with a bad economy. The intuitive answer may seem to be, “Yes,” but the question is important because student-loan repayment depends

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Urban Institute: One-Third of Americans Have Debt in Collections

In early December, the Urban Institute featured an interactive map of the U.S., down to the county level, of the proportion of people with debt in collections. In 2016, fully one American in three owed a debt that was held by a debt collector. The Urban Institute distinguished the median amount in collections from the

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Prenuptial Agreements and Bankruptcy

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

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Who Are Chapter 13 Bankruptcy Debtors? (Part 2 of 2)

(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

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Who Are Chapter 13 Bankruptcy Debtors?

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

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When Can a Bankruptcy Case Be Dismissed With Prejudice?

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

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