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Bankruptcy

Are any debts non-dischargeable in a bankruptcy case in New York?

The goal of a bankruptcy case is to get the discharge.  This is true whether your bankruptcy is in Brooklyn, Queens, Manhattan, Long Island or anywhere else in New York or the rest of the U.S.  And it’s the same whether it’s a Chapter 7, Chapter 11 or Chapter 13 bankruptcy. The discharge is what …

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Bankruptcy Mistakes: Don’t do these things before you file for bankruptcy in New York

Bankruptcy is often a counter-intuitive process.  Some things that seem innocuous or insignificant may be anything but.  In particular, there are some common mistakes that people make in perfectly good faith.  If you’re thinking of filing for bankruptcy in New York, here are a few things to be aware of. 1. Don’t withdraw your retirement …

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Will Congress soon let New Yorkers discharge their student loans in bankruptcy?

If you have student loan debt in New York or anywhere else in the U.S., it’s extremely difficult to discharge your debt through a bankruptcy filing.  The standard for being able to discharge student loan debt is “undue hardship.”  This means you have to prove that you are physically unable to work and/or you’re unable …

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Should I max out my credit cards before I file for bankruptcy?

Q:  Since all of my debts will be discharged after I file for bankruptcy, should I go ahead and max out my credit cards before I file for bankruptcy in New York? A:  NO.  DO NOT RUN UP BIG CREDIT CARD BILLS BEFORE YOU FILE FOR BANKRUPTCY IN NEW YORK. If the bankruptcy judge believes …

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Non-bank lenders and the Consumer Financial Protection Agency

We hear a lot of terms that refer to players in the money lending industry.  Banks, mortgage lenders, credit card companies, subprime lenders, mortgage brokers, etc. One distinction we don’t hear a lot about, though, is the one between banks and non-bank lenders.  The difference is that banks are subject to much more regulation and …

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Annie Leibovitz avoids mandatory credit counseling in New York

ABC News reports that Annie Leibovitz reached an agreement with her creditors that, at least for now, staves off the need for a bankruptcy filing. What if Annie Leibovitz had filed for bankruptcy in New York? Would she have to go through mandatory credit counseling (cost:  $50) as required by the 2005 Bankruptcy Abuse Prevention …

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Basic Bankruptcy Law – CLE course Sept 23

A quick FYI to let everyone know that I’ll be serving as one of the faculty members for the Wednesday, September 23 “Bridge the Gap-Session C:  Basic Bankruptcy Law” for the New York County Lawyers Association (NYCLA). Full information is below.  Click here for the sign-up form. Bridge the Gap-Session C: Basic Bankruptcy Law* Wednesday, …

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