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8 Facts From the Bureau of Justice’s Identity Theft Report

Identity theft can sometimes lead to New York bankruptcy because thieves can take out loans in your name or spend income you need to repay loans. In extreme cases, identity thieves can declare bankruptcy in your name, which can seriously impair your creditworthiness. But just how widespread is identity theft? According to a report issued …

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What Are ‘Luxury Goods and Services’?

Recently, we discussed the reasons a creditor can object to the dischargeability of debts in bankruptcy. One of them was “false pretenses, a false representation, or actual fraud,” and in two specific situations special rules apply. One is when the petitioner’s debts are owed primarily to a single creditor, aggregated to more than $650, and …

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When Can Lenders Challenge the Dischargeability of Credit Card Debt?

Back in October, we discussed the ten situations in which parties can file adversary proceedings. One situation that occurs frequently is the sixth one: determining the dischargeability of a debt. In New York bankruptcy, the type of debt creditors sometimes try to shield from discharge is credit card debt. Because most chapter 7 bankruptcies involve …

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4 Ways Identity Theft Can Lead to Bankruptcy in New York

Few things are more aggravating than someone impersonating you to obtain credit. To make things worse, fraud on your accounts can force you into bankruptcy. Here are four types of information that if inadequately protected can lead you into bankruptcy. (1)  Social Security information. A common way people steal identities is through Social Security numbers. …

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Stay Clear of Credit Rehabilitation Scams

Most of the time when New York bankruptcy lawyers discuss scams, they’re worried about con artists taking debtors’ money and forcing them into bankruptcy. The most common one is debt settlement, which is discussed here. A less common but sometimes more problematic scam occurs post-bankruptcy: the “credit rehabilitation scam.” The point is to deceive people …

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CFPB Consent Order One More Reason to Stay Away From Debt Settlement

When New Yorkers have more credit card debt than they can cope with, they sometimes turn to debt-settlement companies, hoping to stay out of bankruptcy. Usually the agreement with the company involves debtors redirecting payments meant for creditors to the debt-settlement company until it can reach an agreement with the debtors’ creditors. The snag: It’s …

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How Can Banks Take Away Your New York Car over Credit Card Debt?

Lately there’s been some talk that unsecured creditors—primarily of credit card debt—are more aggressively enforcing their claims. And to the trained ear of an experienced New York bankruptcy attorney, the word “aggressive” used in connection with creditor actions can often signal the word “illegal.” One trick we’ve been hearing about is taking people’s cars and …

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Why Do Banks in New York Offer People Credit Cards after Bankruptcy?

The story is not as uncommon in New York as you might think. A New York debtor files a Chapter 7 bankruptcy. Then, mere months after obtaining a discharge, the banks start aggressively sending out letters offering new credit cards with low rates and high credit limits. This doesn’t make any sense at all. Why …

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