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Bankruptcy and Gay Marriage: Federal Courts Holding Defense of Marriage Act Unconstitutional

New York only recently allowed same-sex couples to marry, but that doesn’t mean they receive equal treatment under federal law. This distinction appears acutely in situations surrounding the federal tax code, Social Security survivor benefits, and bankruptcy. The cause is the Defense of Marriage Act (DOMA), passed in 1996, which defined the term, “marriage,” as

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How New Yorkers can Avoid a Mass Joinder Foreclosure Lawsuit Scam

A few months ago, the New York Times ran a piece on “mass joinder foreclosure lawsuits.” This is a type of scam that is designed to ensnare underwater homeowners and rob them of what little they have left. What is this? A mass joinder lawsuit is a type of class action lawsuit. In the foreclosure

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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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How to Handle a Leased Vehicle in New York Bankruptcy

Cars are one of the two most common assets New Yorkers bring into bankruptcy, the other being a house. Most debtors’ cars also don’t have that much value, even though they still have a loan securing them. In most Chapter 7 cases, petitioners have three options for handling their vehicles: surrender it, redeem it at

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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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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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Using Chapter 13 to Protect a Co-Signer in New York

Most New York bankruptcies are either in Chapter 7 or Chapter 13. The two chapters provide benefits and drawbacks to petitioners, which means there are good reasons to file in one chapter and not another. For example, if you borrow money to buy a car, have a relative co-sign on the loan, and then run

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