The only situation in which debtors can file a joint New York bankruptcy case is when they are married (to each other). Debtors can only create joint cases by filing together simultaneously. Debtors may not join spouses after they have filed their individual cases. What happens, though, when debtors in a joint case no longer
The schedules and statements a debtor must file in New York bankruptcy case require the debtor to affirm that they are true to the best of his or her knowledge under penalty of perjury. This is something debtors would expect because the threat of perjury crops up in so many other contexts, such as filing
Most New York bankruptcy cases end with a discharge and then a final decree. With that the case is closed, and debtors get their fresh starts. Occasionally, debtors will want to reopen their bankruptcy cases, but it’s usually for technical reasons. But what if the trustee wants to reopen a case? If so, then the
Because they can be better off than many other Americans, debtors in chapter 7 New York bankruptcy sometimes own timeshares. A timeshare is a vacation property with divided ownership or usage rights among multiple parties. The idea is to compromise between the cost of owning real estate in a desirable area and people’s desire to
Dismissal of a New York bankruptcy case can be hazardous for debtors, so it’s certainly something to avoid. Note that having a case dismissed is not the same as having a case closed. Closed bankruptcy cases can be reopened, but dismissed cases can only be refiled, if allowed. Thus, the questions are: When can a
For several years now, Americans have owed more in student loans than any other type of consumer debt other than mortgage debt. At the same time, student-loan relief scammers have popped up to take advantage of borrowers. Student loans may be difficult to discharge in a New York bankruptcy, but debtors can at least avoid
Payday loans are often very dangerous to consumers because their high interest rates make it easy for debtors to fall behind on their payments. Naturally, New York bankruptcy cases often include payday loans. Consequently, a few years ago the Consumer Financial Protection Bureau (CFPB) began drafting a rule that would regulate payday lenders while not
Ideally, debtors’ circumstances and not their ethnicities should influence bankruptcy chapter choices. According to a ProPublica study from September, however, the United States falls far short of that ideal. In a series of articles, the advocacy group’s researchers discuss the significant racial disparities in debtors’ chapter choices and outcomes: Specifically, black debtors tend to file
Sometimes after bankruptcy cases are closed or dismissed, debtors will want to reopen them for a variety of reasons depending on the circumstances. Bankruptcy courts have substantial power to grant debtors requests to reopen their cases, so it can be helpful to know when it’s allowed, especially when self-represented debtors’ cases were dismissed due to
The Wall Street Journal article I referred to in my post on what debtors should do when they’re too poor to afford bankruptcy filing fees cited a pair of articles by the Federal Reserve Bank of New York that I missed. In 2015 the branch explored the effects the 2005 Bankruptcy Abuse Protection and Consumer
no cost, 30 minute consultations in brooklyn, ny or melville, li
26 Court St # 2211
Brooklyn, NY 11242,USA
phone: (718) 855-6840
toll free:(800) 297-6840
fax: (718) 625-1966
68 south service road, suite 100
melville, ny 11747
phone: (631) 454-5248
by appointment only
