Questions about bankruptcy?
Tel. 1-800-297-6840

26 Court St, Suite 2211
Brooklyn, NY 11242-1125

Testimonials

"My experience with Mr. Weiner was exceptional. He provided me with top notch service and expert opinions while representing me in my bankruptcy case..." read more...
Schedule a consultation:

No Cost, 30 Minute Consultations In Brooklyn, NY or Melville, LI

*(denotes required field)

When a Cram-Down Is Not an Option: Giving Up a Car in Chapter 13

For New York bankruptcy debtors, owning a car magnifies the importance of the decision to file in chapter 7 versus chapter 13. In chapter 7, debtors must choose if they will surrender or redeem their vehicles, or if they will reaffirm or simply keep paying their auto loans. Chapter 13 debtors can expect their auto . . . → Read More: When a Cram-Down Is Not an Option: Giving Up a Car in Chapter 13

When Will I Need to Appear at the Bankruptcy Court?

New York bankruptcy debtors tend to think that bankruptcy court is just like what they see on television. This would be the standard portrayal of a high-ceiling courtroom with two tables facing the judge, one for the debtor and his or her counsel and one for all the creditors’ lawyers. Then they argue the merits . . . → Read More: When Will I Need to Appear at the Bankruptcy Court?

Repossession Companies Now Tracking Cars Everywhere

Technology is now making it harder for debtors to keep their hands on their vehicles, according to recent a Washington Post article on auto repossessions. The topic is similar to a post I wrote last year about lenders tracking and disabling vehicles, even though their owners hadn’t defaulted on their loans. In that article, the . . . → Read More: Repossession Companies Now Tracking Cars Everywhere

When Is Doing Nothing About a Debt the Best Option?

Bankruptcy is a powerful option for improving one’s finances, but there are alternatives to struggling debtors. Some cater to homeowners, like short-selling, refinancing, or offering the deed in lieu of foreclosure. Others are oriented to debtors generally, like advice for tightening up one’s finances. However, these don’t quite answer the question of when doing nothing . . . → Read More: When Is Doing Nothing About a Debt the Best Option?

Bankruptcy May Not Rescue You From Vicious Personal Disputes

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. . . . → Read More: Bankruptcy May Not Rescue You From Vicious Personal Disputes

What Is a Bank ‘Setoff’ and How Do They Affect Bankruptcy?

Among the many steps I recommend taking before filing bankruptcy, two of them were looking at your bank’s policies in case they freeze accounts, and considering changing banks. Another reason debtors should consider these courses of action, especially before bankruptcy, is “setoffs.” What are these, and how do they intersect with New York bankruptcy?

When . . . → Read More: What Is a Bank ‘Setoff’ and How Do They Affect Bankruptcy?

Bankruptcy Before or After a Short Sale

Short-selling an underwater home is frequently touted as an alternative to New York bankruptcy, but sometimes the two go together. Debtors might find it dispiriting to hear that solving their mortgage problems might require two bureaucratic processes, but knowing how short sales and bankruptcy intersect can help debtors decide whether it’s necessary to take both . . . → Read More: Bankruptcy Before or After a Short Sale

6 Steps to Take Before Filing Bankruptcy

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. . . . → Read More: 6 Steps to Take Before Filing Bankruptcy

Should You Sign That Reaffirmation Agreement With That Creditor?

Short answer: Usually not.

Longer answer: Let’s start with what a reaffirmation agreement is. A creditor may ask a debtor in a New York bankruptcy to sign a reaffirmation agreement to renew the debt related to a secured asset. The creditor’s goal is simple: making money off the debtor in exchange for probably nothing.

To . . . → Read More: Should You Sign That Reaffirmation Agreement With That Creditor?

What to Tell Creditors Before Filing Bankruptcy

I’ve written frequently on how to deal with pesky debt collectors and other creditors, but some debtors might want to know how to handle these entities once they’ve decided to file bankruptcy but before they’ve done so. This middle period, usually beginning once debtors have settled on a lawyer, can last for a few weeks, . . . → Read More: What to Tell Creditors Before Filing Bankruptcy