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Bankruptcy

How Much Do People Benefit (Financially) From Bankruptcy?

It’s an important question for people considering filing New York bankruptcy. Put differently, how much do people typically expect to gain from bankruptcy? In a similar context, many times debtors will also want to know how common their situation is compared to other debtors’. If it’s more common, they might not feel that filing bankruptcy …

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How State Median Family Income Affects Chapter 13 Bankruptcy

Whenever people looking into New York bankruptcy hear about the median family income for their state, they usually think that it has something to do with chapter 7. Generally, this hunch is correct. Petitioners with incomes above the state median, after adjusting for family size, will have to take the means test. If they fail …

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What Is an ‘Individual With a Regular Income’ in Chapter 13?

People who are interested in filing chapter 13 New York bankruptcy will obviously want to know if they meet all the chapter’s requirements, which are stricter than chapter 7’s. For example, it has debt limits, above which debtors must file in chapter 7 or chapter 11, but Section 109(e) also restricts chapter 13 to “individuals …

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Settling Debts With the IRS Can Be an Alternative to Bankruptcy

It’s possible to discharge some tax debts in New York bankruptcy, but the requirements can be difficult to meet, so it’s possible for debtors to not qualify for tax debt discharge. However, there is another option to slogging through an IRS tax debt: settlement. The IRS has a program called “offer in compromise,” which allows …

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CFPB Calls For Modest Bankruptcy Reform for Private Student Loans

One of the most questionable changes to the Bankruptcy Code in the 2005 Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) was to extend the “undue hardship” standard to discharging private student loans. For New York bankruptcy, this meant that irrespective of who the lender was student debts were basically permanent. Fortunately, for federal loan …

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The Earned Income Tax Credit Can Keep You Afloat and Out of Bankruptcy

If you are considering filing New York bankruptcy, you might have heard of a program called the Earned Income Tax Credit (EITC), and you may be curious if it can help you instead. Chances are it can. The EITC is a mid-1970s policy enacted by Congress that’s designed to help American workers stay above water …

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Chapter 7 Discharge and Mortgage Payments

Chapter 7 New York bankruptcy is usually used by people with significant unsecured debts and little reliable income to repay them. Homeowners filing chapter 7 usually intend to stay in their homes or at most discharge a mortgage deficiency after selling them. Sometimes a domestic partner is eligible for chapter 7 because he or she …

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