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Chapter 13

Lenny Dykstra learns more about Chapter 11 as trustee appointed in the case

Previously, I posted about Lenny Dykstra and why someone like him would file for Chapter 11, which is more typically used for business bankruptcies, rather than Chapter 7 or Chapter 13 which are for individual bankruptcies. Regardless of whether it was the right path strategically speaking, things don’t seem to be going so well for …

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Brooklyn Judge gives New York homeowners a fighting chance against foreclosure

For New York homeowners facing foreclosure, they may feel like the deck is stacked against them.  The economy is in the tank.  Credit has dried up.  Trying to call your mortgage company and negotiate a loan modification feels like an exercise in futility.  And mortgage companies are probably profiting off the delays in the foreclosure …

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Who Are Your New York Chapter 13 Trustees?

A lot of New York readers may not know who their own Congressional representatives are in Washington, D.C.  And perhaps as few know the state legislator from their district.  But I’m willing to bet that almost no readers know who the Chapter 13 trustees are for their district in New York.  So I’ve listed them …

Who Are Your New York Chapter 13 Trustees? Read More »

New York foreclosures likely to continue as ARMs begin to re-set over next 4 years

As bad as the foreclosure problem has been, it’s apparently ready to get worse, according to this article in the New York Times (“Loans that looked easy pose threat to recovery“). All the adjustable rate mortgages (“ARMs” for short) we’ve been hearing about are getting ready to re-set over the next four years, and that …

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Bankruptcy Bits: Subprime lender subsidies; Foreclosure depression and Japan’s lack of medical bankruptcies

I thought I’d share a few interesting articles from the news that all relate to bankruptcy in one way or another: 1.  “Subprime Lenders Getting U.S. Subsidies, Report Says” – Countrywide (now owned by Bank of America), Wells Fargo and other major subprime lenders are now apparently getting subsidies from the government to make more …

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Can I keep my home if I file for bankruptcy in New York?

Yes, you can keep your home if you file for bankruptcy in New York. But it’s not a given.  And depending on your circumstances, there are a few different ways to do it. If you file for Chapter 7 bankruptcy Brooklyn NY, then you can keep your home as long as the remaining equity in …

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The Means Test and the Unemployment Trap

Rising unemployment in the U.S. has made the “means test” all the more significant for individuals considering filing for bankruptcy in New York and elsewhere. The means test refers to the eligibility requirement under the 2005 bankruptcy law.  To be eligible to file for Chapter 7 bankruptcy in New York, an individual’s income must be …

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What will happen at my 341 meeting of creditors in New York?

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 …

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BAPCPA Man meets Subprimulus!

With permission from Bankruptcy Bill himself, here’s BAPCPA Man #3 where BAPCPA Man meets the ominous-looking villain Subprimulus. (Click on image to see larger version.) The cartoon touches on a number of important themes, including: The mandatory pre-bankruptcy credit counseling requirement (addressed in previous post on this blog titled “What You Should Know About the …

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