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Student Loans As a ‘Special Circumstance’ to Stay in Chapter 7

It’s widely acknowledged that student loans are an obstacle in New York bankruptcy, but there are unusual times when student loan debts can help debtors choose the chapter they wish to file in. For higher-income debtors it’s usually harder to file in chapter 7 because their incomes exceed the median for families in their state,

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Employers Can’t Discriminate Against Bankruptcy Debtors

The issue of military security clearance for New York bankruptcy debtors came up recently. It’s one of the many situations in which bankruptcy can give workers anxiety. This post will try to further assuage those anxieties by discussing a few ways the law protects workers who file bankruptcy, particularly those employed with governmental units. To

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Four Points About Collections on Deceased People’s Debts

Late last year I wrote about how to handle an inherited underwater house. A similar topic came up in a recent article on the Internet news site Vox: What about a non-secured debt (like credit card debt) owed by a deceased debtor that someone is trying to collect on? It should go without saying that

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New York Fed Finds Large Debts Causing a Bottleneck in Homeownership

You might hear in the news that skittishness on future home prices is what’s keeping people out of the housing market. Many people don’t want to end up with an underwater house that can require a short sale or New York bankruptcy to resolve. Indeed, many New York homeowners are supposedly in pre-foreclosure and median

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What Happens Between Discharge and Closure?

It may come as a surprise but while a discharge is usually the goal of a New York bankruptcy, it’s not the end of the case. Fortunately, most of what happens between discharge and closure are actions performed by the trustee, but it’s still worth knowing what those steps are if you’re considering bankruptcy or

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Steps Ex-Debtors Can Take to Hasten a Home-Buy After Bankruptcy

There is an argument that New York bankruptcy can lead to homeownership. It’s also possible that a Federal Housing Authority loan can accelerate the process. But what else can ex-debtors do to hasten the day when they own their own homes? Here are a few tips. (1)  Save money for emergencies. This is good idea

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Six Situations in Which a Discharge Order Can Be Revoked

Although some people file New York bankruptcy to halt a foreclosure with the automatic stay or strip a lien, in nearly all cases debtors seek a discharge. However, there are six situations in which a bankruptcy court can revoke a discharge order that’s already been entered. They’re listed in Section 727(d) of the Bankruptcy Code:

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What to Do If a Creditor Doesn’t File a Proof of Claim

In chapter 13 New York bankruptcy, creditors usually promptly file proofs of claim with the bankruptcy court. If they don’t do so, they might not receive a disbursement from the bankruptcy estate. Nevertheless, sometimes a creditor might neglect to file a proof of claim but a debtor might want it to do so. Why would

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Bankruptcy Usually Has Little Effect on Military Security Clearances

Soldiers in the U.S. military are often debtors too, and sometimes they need to file New York bankruptcy to get a fresh start. Occasionally the biggest problem for them is filing bankruptcy in the country where they’re stationed. Other times the question is how a bankruptcy filing will affect soldiers’ security clearances, which are crucial

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