Bruce Weiner Successfully Defends Creditor In Another Complicated Bankruptcy Proceeding

Partner and Brooklyn bankruptcy attorney Bruce Weiner successfully won yet another “complex” case involving claims and counterclaims, which was cited in Bankruptcy Reporter. Read the judge’s decision here: In re Merhi, 518 B.R. 705 (Bankr. E.D.N.Y. 2014).

His client, the creditor, sold a house to the debtor with a balloon mortgage. When it came time to pay, the debtor couldn’t come up with the money. The creditor started a foreclosure action, got a judgment and scheduled a sale of the property.

The debtor requested and was granted a series of extensions, but never made good on them. Meanwhile the debtor filed for bankruptcy in an attempt to keep the property. However, the debtor was unable to satisfy the requirements of a chapter 13 filing. In addition, the debtor claimed that the creditor acted illegally.

Mr. Weiner defended the alleged illegal actions and proved that the debtor did not have the ability to repay the mortgage according to the plan he laid out.

As a result the judge denied the debtor’s Chapter 13 petition and claims against the creditor.

The creditor can now reschedule the sale and hopefully recoup what was owed by the debtor.

If you are entangled in a complicated bankruptcy action, give Brooklyn bankruptcy attorney Bruce Weiner a call at 718-855-6840 or click here to email him today.

Rosenberg, Musso & Weiner, L.L.P
26 Court St # 2211
Brooklyn, NY 11242, USA
718-855-6840
http://nybankruptcy.net/

Recent Posts

Beware Grace Periods, Debtors

February 7, 2022

Too often, debtors see grace periods offered by lenders as free benefits. “Grace” makes it sound so innocent. However, debtors who routinely rely on grace periods when making payments will find themselves facing financial difficulties that might lead to bankruptcy. The reason is that although creditors offer grace periods to debtors, they also use them

Bankruptcy May Not Rescue You From Vicious Personal Disputes

January 21, 2022

Bankruptcy is a technical process that assumes everyone working within it is mostly rational. To the extent that it expects parties to deviate from irrational behavior, the Bankruptcy Code and its accompanying rules include incentives to keep parties in line. Creditors are usually large and impersonal, and they rarely care if their debtors file bankruptcy.

Non-Lawyers’ Explanations of Bankruptcy May Be Wrong

January 10, 2022

Do you have financial problems? Do you tend to ask your friends for advice? Is one of your friends an experienced New York bankruptcy lawyer who will explain the process for you? Are your friends otherwise knowledgeable people? The answer to these questions may be, “Yes but you don’t know it.” Although many bankruptcy lawyers

6 Steps to Take Before Filing Bankruptcy

January 3, 2022

Leaving your case to an experienced New York bankruptcy lawyer is not the only step on the to-do list before filing bankruptcy. There are many things debtors should do (and not do) before they file, and the more organized and mindful debtors are, the easier the process will be and the more effective the result.

Social Security Number Not Necessary for Bankruptcy

December 2, 2021

A question that’s commonly asked about New York bankruptcy is whether a debtor needs a Social Security number to file. Debtors ask because they sometimes run across the bankruptcy form title, “Your Statement About Your Social Security Numbers” (B 121), which asks debtors to list their current and prior Social Security numbers. The new bankruptcy

How Can a Debtor (or Creditor) Get a New Trustee?

November 19, 2021

The trustee in a New York bankruptcy case is usually not the debtor’s ally. His or her purpose is mainly to administer the bankruptcy estate or ensure the debtor’s repayment plan goes according to plan. Trustees pursue preference payments, fraudulent conveyances, and other malfeasance committed by debtors. They frequently initiate adversary proceedings against debtors. In

Free Consultation

(718) 855-6840

The office is open as per the NYS Covid-19 guidelines. We are now doing both in-person and telephone consultations. Please call the office at 718-855-6840 to schedule a time to speak with one of our experienced bankruptcy attorneys.