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How to Ensure You Don’t Lose Your Car in a New York Chapter 7 Bankruptcy

Like all chapters, Chapter 7 of the Bankruptcy Code requires petitioners to list their assets, liabilities, and creditors. Part of the purpose of doing so is candor, but importantly, it tells the Trustee of your bankruptcy estate what he or she can liquidate to pay off creditors before your discharge. One asset people must list, …

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When the Social Security Administration Is a Creditor in Your New York Bankruptcy…

It doesn’t happen often, but when it does people don’t complain: sometimes, Social Security overpays recipients. How can this happen?  Here’s a possible scenario: A person files for disability payments from the Social Security Administration (SSA). The payments come in, and the person, now the recipient, deposits them. The recipient’s health improves allowing him or …

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Can creditors ask the Bankruptcy Court to lift the Automatic Stay?

The short answer is, “Yes, but…” The automatic stay is one of the most important protections bankruptcy petitioners receive, so in practice, very few creditors can actually successfully argue a “motion for relief from stay,” also called a, “motion to lift the stay.” Unsecured creditors can almost never convince the bankruptcy court to lift the …

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How to Challenge Charges on Your Credit Card Bill

Finding a questionable or incorrect charge on a credit card statement probably happens to most New Yorkers at least once. Most people’s natural inclination is to call the creditor and try to work it out over the phone. If that doesn’t work, the law is on your side, but it’s a slow process involving the …

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Why Can Banks Freeze Your Accounts When You’re In Bankruptcy Even Though You Don’t Owe Them Any Money?

Sometimes an odd situation appears in New York bankruptcies. A debtor gets everything in order, files for bankruptcy, and then discovers that one of his or her bank accounts is frozen even though the bank isn’t one of the debtor’s creditors. It’s bizarre but it can happen. One would think the automatic stay would protect …

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Filing bankruptcy in New York can actually improve your credit score

Most people only consider filing bankruptcy in New York as a last resort to their financial problems. They’ve usually missed payments on some of their loans, often credit card or mortgage debt, and their credit ratings will have dropped rapidly with a series of missed payments. In many circumstances, though, people find that their credit …

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Preferences vs fraudulent conveyances in New York: What’s the difference?

For New Yorkers involved with the bankruptcy process, whether debtors or creditors, the concepts of “preferences” and “fraudulent conveyances” often cause confusion.  (Actually, it’s not just laypeople.  They cause for confusion for many law students and even some lawyers as well.) They cause confusion because they both often relate to attempts by debtors to keep …

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5 Pre-filing Tips for Bankruptcy in New York

Filing personal bankruptcy in New York can be an extremely effective–and legal–way to deal with overwhelming debts.  However, since it is a legal process, that also means you have to be aware of the rules and understand how they will impact your case. Here are 5 pre-filing tips for bankruptcy in New York.  Learning about …

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Can creditors call you at work in New York? How to stop creditors from calling you

Can creditors call you at work in New York? Under the fair debt collection law (known as the Fair Debt Collection Practices Act), the answer is YES–UNLESS you tell them that you cannot take calls at work. And you can communicate this to a debt collector either orally or in written form.  It is important …

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