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Business Bankruptcy

Bruce Weiner Saves Another Valuable Property From Foreclosure and Puts $7 Million Into The Hands of His Clients

In another recent complex bankruptcy case, Brooklyn NY foreclosure attorneys Bruce Weiner prevailed in a matter involving two business partners who were fighting. They owned a valuable property which went into foreclosure and they almost lost it to the bank. Mr. Weiner was able to stop the foreclosure and mediated an agreement between the partners to …

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Bruce Weiner Saves Valuable Park Slope Properties From Foreclosure

In a recent, complex bankruptcy case; Brooklyn NY foreclosure attorneys Bruce Weiner developed a Chapter 11 plan for a local real estate investor that was confirmed in bankruptcy court. The plan resulted in a win-win situation for the creditors, the debtor and a new joint venture partner. The case involved multiple parcels of real estate …

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Who Are ‘Insiders’ in a Preference Action?

We recently discussed the elements a trustee must prove to avoid (that is, invalidate) a preferential payment to a creditor made before a New York bankruptcy filing (called a “preference”). One requirement is that the payment occur within 90 days of the petition or between 90 days and one year of the petition if the …

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Some State Taxes Are Dischargeable in Bankruptcy

Many debtors who are considering filing New York bankruptcy are often concerned about past taxes that they owe the government. But which government? Very few people owe anything other than federal income taxes and payroll taxes (or self-employment taxes for those who aren’t payroll employees). Some people, though, owe money to the state government, which …

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‘Abandoned’ Business Assets in Bankruptcy

It’s a sad truth that many businesses in New York fail, prompting twin chapter 7 bankruptcies for both the business and the owner. The two most common causes of businesses shutting their doors is lack of sales (obviously) and liquidity problems, which usually involve solid sales, but the business nevertheless can’t pay its creditors because …

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Protecting Your Small Business in New York Bankruptcy

Owning a business while filing a personal bankruptcy in New York can complicate the process, and if the business is bankrupt—as is often the case—it’s even harder. If your business is on the verge of bankruptcy, and especially if you’re a sole proprietor, there are some ways to better protect your business income from liquidation …

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4 Steps to Escape Paying Income Tax on Discharged Debt in New York

Receiving a discharge from the bankruptcy court  in New York iis the goal of New York bankruptcy petitioners. It should be a relief so that people can continue their lives. Although, occasionally creditors claim the loans you discharged are forgiven instead, meaning you’ll have to pay income tax on the forgiveness. What does this mean …

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Assigning Dollar Values to Your New York Small Business in Bankruptcy

When people file bankruptcy in New York, they have to list their assets and debts on their petition. These are usually fairly straightforward: houses, cars, and other personal property. The value of these items is easy to calculate. However, many petitioners operate their own businesses, and the process of valuing them is not so obvious. …

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Business bankruptcies in New York and the debtor in possession

What distinguishes business bankruptcies from other bankruptcies in New York?  And what exactly is a “debtor in possession”? At the simplest level, business bankruptcies involve a business rather than just an individual who is filing for bankruptcy.  Business bankruptcies also often involve a corporate entity, whether that’s a corporation, a limited liability company or even …

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What is a Chapter 11 bankruptcy?

What is a Chapter 11 bankruptcy, do they ever happen in Brooklyn, NY, and do I need Chapter 11 bankruptcy attorneys to file a Chapter 11 case? 1.  Chapter 11 bankruptcy is “reorganization,” as opposed to Chapter 7 “liquidation.”  It’s frequently  used by corporations that need bankruptcy protection.  And it’s also often used by individuals …

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