If you live in New York and are being called by debt collection agencies at all hours of day and night or at work, or if you feel like you are a victim of harassment by debt collection agencies, you do have some options for dealing with the problem. Which option you choose depends on …
Dealing with debt collector harassment in New York Read More »
It’s very common for clients filing for personal bankruptcy to worry about the 341 Meeting of Creditors. It’s the first “event” in a bankruptcy case and the first time for most clients to actually go to court. (Though it’s usually the only time the client needs to go to court in a bankruptcy case.) A …
What will happen at my 341 meeting of creditors in New York? Read More »
The credit industry lobby did a terrific job of portraying bankruptcy as the refuge of the irresponsible. Hence the 2005 “Bankruptcy Abuse Prevention and Consumer Protection Act” (sometimes jokingly referred to as the “Bankruptcy Protection Prevention and Consumer Abuse Act,” which for the record would be BPPCAA). As those of us who work in the …
Bankruptcy, social safety nets and planning ahead Read More »
In a previous post I explained to all the New Yorkers out there what a preference lawsuit is and why you should care. While reading it may have helped make you feel smart at cocktail parties, in the back of your mind you were probably also wondering, “So what exactly should I do if I’m …
Let’s say someone owes you money. You know they’re having financial difficulties, so you go to them and try to get them to pay it back to you before they file for bankruptcy. You have a good relationship with them and they’re kind enough to make sure you get paid back. Three weeks later, the …
What is a preference payment? And why should you care? Read More »
Debtors usually point to two reasons for not hiring an experienced Brooklyn bankruptcy lawyer before filing a chapter 7 case: affordability and necessity. Obviously, many people who owe significant debts frequently lack the money for a bankruptcy attorney. (As an aside, there are options for debtors who are too poor for bankruptcy filing fees.) The …
Why Hire an Experienced Chapter 7 Brooklyn Bankruptcy Lawyer Read More »
Many New York bankruptcy debtors take out payday loans to cover costs before receiving their actual paychecks. I’ve written about these types of loans frequently, particularly the Consumer Financial Protection Bureau’s attempts to limit them from becoming “debt traps.” Aside from driving debtors into bankruptcy, another place where payday loans can intersect with bankruptcy is …
Is a Payday Loan a ‘Cash Advance’ in Bankruptcy? Read More »
2017 is pretty far in the rearview mirror, but it’s still the most recent year for which the federal courts have provided data via the Bankruptcy Abuse Prevention and Consumer Protection Act Report (BAPCPA Report). The tables in this report can help New York bankruptcy lawyers and debtors get an idea of just who chapter …
Who Were Chapter 13 New York Bankruptcy Debtors in 2017? Read More »
Brooklyn bankruptcy debtors usually want to discharge their credit-card debts, but sometimes they are “solvent,” i.e. they own more than they owe. For these debtors bankruptcy might not be of much help. Or will it? Sometimes, but not always, a chapter 7 bankruptcy will not be useful to a solvent debtor, but a chapter 13 …
How Much Interest Do I Pay in a Chapter 13 Bankruptcy? Read More »
It’s not possible for debtors to cram down or reduce the principal amount of a primary mortgage in a New York bankruptcy case. This was an unfortunate route that Congress chose to take during the Great Recession. Although, debtors do have options for dealing with junior mortgages that are underwater, i.e. not secured by any …
Post-Bankruptcy Options for Underwater Second Mortgages Read More »
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