Last year I asked how many debtors file New York bankruptcy cases each year. The post provided context to a series I ran on the data from the 2016 Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) Report. The 2017 BAPCPA report came out recently, but rather than repeat the question, I want to just …
Bankruptcy Filings Were Down in 2017, But Not in New York Read More »
Successfully completing a chapter 13 bankruptcy attorney Brooklyn NY repayment plan requires careful planning and budgeting. All debtors filing in that chapter will undoubtedly have some fixed costs, usually auto-loan payments or a residential mortgage, that will go into the plan. Then debtors will have to account for not-so-fixed costs. These would be daily necessities, …
How to Prevent Volatile Prices From Interfering with Your Chapter 13 Plan Read More »
Sometimes debtors hear the term “bifurcation” in New York bankruptcy, and they ask what it is, hoping it will help them. Although the term sounds sophisticated, it’s actually something that’s routinely associated with chapter 13: cram-downs. It’s a topic I’ve discussed before, but here I’ll synthesize everything in one place. In a sense “bifurcation” does …
Nothing secures most tax debts, which is why if they’re able to discharge them in chapter 7, New York bankruptcy debtors choose to do so. I’ve discussed how that works in a post about how bankruptcy courts were becoming less forgiving of late tax returns, so I won’t repeat it now. However, there are times …
New York bankruptcy debtors are almost always industrious people, even when they happen to be unemployed. Sometimes, however, they are so industrious that their extra working hours, whether overtime or extra part-time hours, might interfere with their potential bankruptcies. If they file in chapter 7, then they may risk facing (and failing) the means test. …
Can I Reduce My Part-Time or Overtime Hours Before Filing Bankruptcy? Read More »
For New York bankruptcy debtors, owning a car magnifies the importance of the decision to file in chapter 7 versus chapter 13. In chapter 7, debtors must choose if they will surrender or redeem their vehicles, or if they will reaffirm or simply keep paying their auto loans. Chapter 13 debtors can expect their auto …
When a Cram-Down Is Not an Option: Giving Up a Car in Chapter 13 Read More »
A few months ago I wrote a post explaining why New York bankruptcy debtors should consider the role that future deteriorating financial conditions can play in their decisions to file in chapter 13. The focus of that post was post-petition debt. Today I’m going to discuss the opposite situation: why future improving financial conditions are …
Reason Not to File Chapter 13: Future Improving Financial Conditions Read More »
Technology is now making it harder for debtors to keep their hands on their vehicles, according to recent a Washington Post article on auto repossessions. The topic is similar to a post I wrote last year about lenders tracking and disabling vehicles, even though their owners hadn’t defaulted on their loans. In that article, the …
Repossession Companies Now Tracking Cars Everywhere Read More »
In late December I wrote a pair of posts on the 2016 Bankruptcy Abuse Prevention and Consumer Protection Act Report (BAPCPA Report) that tried to illustrate who chapter 13 bankruptcy debtors are. Although the BAPCPA Report contains several tables for chapter 13, I skipped Table 5, which concerns property valuation orders. In 2016, these orders …
I’ve discussed married couples in New York bankruptcy and what happens to a joint account in bankruptcy, but there is one more common situation that debtors’ spouses need to be aware of: bank accounts belonging to non-filing spouses. It’s easy to imagine that this should be a non-issue. Your assets are in your name, so …
What Happens to My Bank Account When My Spouse Files Bankruptcy? Read More »
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