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Automatic stay

Will the automatic stay protect me from foreclosure in New York?

If you are facing foreclosure on your home in New York and you file for bankruptcy, will the automatic stay protect your home from foreclosure? The answer:  Yes and no. Once you file for bankruptcy, the automatic stay goes into effect and prohibits any creditors from taking any actions to collect money or assets from …

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Automatic Stay Violation: How can you stop it?

Once you file for bankruptcy in New York (or anywhere else for that matter), you are protected by the automatic stay.  In a nutshell, that means no creditors (including the IRS!) can take, or collect or even attempt to collect anything from you without the Bankruptcy Court’s permission. (FYI, if the Bankruptcy Court gives such …

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Are any debts non-dischargeable in a bankruptcy case in New York?

The goal of a bankruptcy case is to get the discharge.  This is true whether your bankruptcy is in Brooklyn, Queens, Manhattan, Long Island or anywhere else in New York or the rest of the U.S.  And it’s the same whether it’s a Chapter 7, Chapter 11 or Chapter 13 bankruptcy. The discharge is what …

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Bankruptcy Mistakes: Don’t do these things before you file for bankruptcy in New York

Bankruptcy is often a counter-intuitive process.  Some things that seem innocuous or insignificant may be anything but.  In particular, there are some common mistakes that people make in perfectly good faith.  If you’re thinking of filing for bankruptcy in New York, here are a few things to be aware of. 1. Don’t withdraw your retirement …

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BAPCPA Man #2 – Automatic Stay Forcefield

With permission from Bankruptcy Bill himself, here’s BAPCPA Man’s latest heroics, this time in connection with the automatic stay which he appropriately likens to a forcefield. The cartoon also illustrates a good point about electronic filing, namely that bankruptcy lawyers don’t physically go to the courthouse, but instead usually file cases electronically from the computer …

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New York State Bar Speaking Engagement in November on Bankruptcy

I’m pleased to share that I’ve been invited by the New York State Bar to speak on bankruptcy issues in connection with the  “2009 Handling the Tough Issues in a Plaintiff’s Personal Injury Case” program on November 13, 2009.  The program will be held at the Hotel Pennsylvania in Manhattan. Here’s a brief outline of …

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