There can be times when the bankruptcy court decides that fusing two or more debtors’ cases into one can benefit both the debtors and both the debtors’ the creditors. The term for this in the bankruptcy lingo is “substantive consolidation.” It’s an equitable power given to the bankruptcy court in 11 U.S.C. § 105(a), a …
What Is ‘Substantive Consolidation’ in Bankruptcy? Read More »
If a debtor pays some creditors and not others prior to a New York bankruptcy, it can cause trouble for the creditors receiving such payments. You can read about the five elements the trustee must establish to avoid a debtor’s preference payment to a creditor here. However, even if the trustee can prove the preference …
Hopefully with millions of Americans now covered by health insurance, medical bankruptcies will decline. Not a moment too soon, but health care costs are still rising and high medical bills will still put people into deep, unmanageable debt. A problem that often arises, though, is that bankruptcy doesn’t discharge people’s medical problems, so they still …
Obtaining a discharge in a New York bankruptcy usually improves one’s creditworthiness just by eliminating bad debts, but that doesn’t mean a debtor’s post-bankruptcy credit score will be remarkably great. However, there are steps former debtors can take to raise their credit scores, many of which are discussed here. One option that doesn’t come up …
Secured Credit Cards Can Help Improve Credit Scores After Bankruptcy Read More »
In some chapter 7 New York bankruptcies it’s common for debtors to still be earning an income sufficient to pay some of their creditors if they choose to. Often it’s a necessity like a car payment or a mortgage payment. However, some debtors suddenly encounter difficulties making their payments, particularly online. For example, automatic withdrawal …
Sometimes It’s Harder to Pay Debts While in Bankruptcy Read More »
The term “future flow agreement” sounds like a complicated derivative product Wall Street cooked up. It probably is, but in practice it’s really just a mechanism for banks to make money when debtors file bankruptcy. That should sound weird because once a debt is discharged it can’t be collected. Normally such debts take up lines …
What Is a ‘Future Flow Agreement’ and Why Should I Care? Read More »
Just about all of the New York bankruptcy advice out there is designed to help debtors in their petitions, and it warns them of the pitfalls of trying to navigate the bankruptcy process without an experienced lawyer. One item that doesn’t appear often is the opposite: What happens if you’re dealing with a creditor that …
One of the more common things to happen in a New York bankruptcy case is the debtor will pay a favored creditor before filing the petition to give that creditor an advantage over the others in the bankruptcy proceeding. The bankruptcy code frowns on this behavior because it attempts to treat all creditors equally according …
5 Elements the Bankruptcy Trustee Must Prove to ‘Avoid’ a Preference Read More »
People considering filing bankruptcy in New York are well aware of the consequences of a bad credit score. They can be denied credit; potential employers might not hire them; and landlords might decline to rent to them. Consequently there’s plenty of advice about how to maintain and buoy a credit score. What isn’t out there, …
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 …
CFPB Consent Order One More Reason to Stay Away From Debt Settlement Read More »
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