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Bankruptcy

Supreme Court Holds That Denied Chapter 13 Plans Cannot Be Appealed

A few months back I noted that the U.S. Supreme Court was going to hear a case on whether the denial of a chapter 13 repayment plan could be appealed. The justices of the Court may not see eye to eye on many issues, but in this case they unanimously held that the answer is …

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Surrendering Real Estate Might Not Work in Bankruptcy

In New York bankruptcy it’s possible, but not common, for debtors to unsuccessfully surrender their homes or other real estate. They receive their discharges, exit bankruptcy, and find that they still own the property with a mortgage lien still attached to it. How can something so bizarre happen? Answer: Just because you say you want …

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Stay in Chapter 7 by Deducting Your Health Insurance

Lacking health insurance is almost always a bad idea. People who are injured can end up borrowing large amounts of money that they can’t manage, but there’s one situation in New York bankruptcy where lacking health insurance might not be an impediment: Debtors who don’t have health insurance might still be able to deduct it …

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New York City to Ban Credit Checks for Job Candidates

Credit scores were primarily invented to help lenders gauge debtors’ creditworthiness with a handy, neutral (hopefully) benchmark rather than relying on references or worse, insider dealings. It didn’t take long, however, for other parties to start using them, like landlords seeking reassurance that their tenants would pay rent on time. With employers, however, it’s different. …

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Exemptions and Chapter 13

Given that debtors in chapter 13 New York bankruptcy can keep their assets, it’s unsurprising that one would think that exemptions play no role in such cases. In chapter 7, it’s clear: The exemptions reduce the size of the bankruptcy estate to ensure that debtors can keep a reasonable amount of their property. But exemptions …

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CFPB to Propose Rules to End ‘Death-Trap’ Payday Loans

New York bankruptcy is much safer than taking out a payday loan to get by, but that doesn’t stop people from using them. Some regulators have taken efforts to curb the worst practices, as New York State is doing, but now it appears the federal government is getting involved. Specifically, the Consumer Financial Protection Bureau …

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Study Finds Economic Recovery ‘Bypassing’ Millions of Americans

The real estate bubble that caused the financial panic may be distant in the rearview mirror, but a recent study by the CFED (founded as the Corporation for Economic Development) has declared that the economic recovery has “bypassed” millions of Americans. Among its most disturbing findings are widespread poverty in American households and frequent use …

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Getting on an Income-Based Repayment Plan Is Easy, But Staying on It…

From the late 1990s until recently, struggling student loan debtors had few options for handling their onerous debts. Because bankruptcy was generally unavailable, most of them placed their loans on hardship deferments until they found paying work. The interest payments would balloon, and they would fall further behind. For some, it would be lifelong debt. …

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Factors Affecting a Chapter 7 New York Bankruptcy Timeline

It’s one of the most common—and important—questions New York bankruptcy debtors ask: How long will a chapter 7 bankruptcy take? The answer is there are really two timelines to be aware of: the one between the bankruptcy case being filed and the discharge, and the one from filing until closure. In most cases, the period …

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NYT Calls for New Authority to Monitor Federal Student Loans

Susan Dynarski’s blog post in The New York Times’ The Upshot blog sheds a lot of light on what we don’t know about federal student loans, which are the vast majority of all student loans. Dynarski’s biggest frustration is the Department of Education’s lack of statistical expertise on monitoring this massive debt program, noting that …

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