Do you have financial problems? Do you tend to ask your friends for advice? Is one of your friends an experienced New York bankruptcy lawyer who will explain the process for you? Are your friends otherwise knowledgeable people? The answer to these questions may be, “Yes but you don’t know it.” Although many bankruptcy lawyers …
Non-Lawyers’ Explanations of Bankruptcy May Be Wrong Read More »
It’s quite common for New York bankruptcy debtors to owe tax debts, and because tax season is here, I think now is a worthwhile time to advise debtors who might believe they are unable to pay their tax bills why it’s important to at least file an income-tax return come April 17th. (April 15th is …
File a Tax Return Even If You Can’t Afford to Pay Your Taxes Read More »
A New York bankruptcy case does not need to end in dismissal; there are some situations in which debtors, creditors, or trustees may prefer to just suspend cases. That is, rather than ending cases abruptly there can be times when it’s preferable to simply hit the pause button on bankruptcy until it’s more convenient to …
What Is a ‘Motion to Suspend’ Proceedings in Bankruptcy? Read More »
There’s been some discussion lately on bankruptcy lawyers steering debtors to chapter 13 when chapter 7 is more appropriate, e.g. when ProPublica found significant racial disparities in bankruptcy outcomes. This isn’t so much of an issue in New York bankruptcy cases because New Yorkers, particularly downstate, tend to file in chapter 7. However, there is …
Reason to File in Chapter 13: Future Deteriorating Financial Conditions Read More »
(Click here to read, “Who Are Chapter 13 Bankruptcy Debtors?” part 1.) In the first post on this topic, I displayed tables from the 2016 Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) Report. The report contains a large amount of information, albeit with a little less detail than one would hope, that can help …
Who Are Chapter 13 Bankruptcy Debtors? (Part 2 of 2) Read More »
I recently completed a series of posts providing data on who chapter 7 New York bankruptcy debtors are. The source, the 2016 Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) Report, can help answer questions about the characteristics of bankruptcy filings in most chapters, and today I’ll focus on the next most common chapter New …
In my post discussing how many people file New York bankruptcy each year, one unusual number jumped out: “business filings” in chapter 13. In 2016, 31 debtors filer in the Southern District of New York, which covers Manhattan, the Bronx, and a few other downstate counties, filed in chapter 13, even though the Statistical Tables …
When Should Debtors Consider Chapter 13 for ‘Business Filings’? Read More »
New York bankruptcy debtors often have retirement accounts, investment retirement accounts (IRAs) and 401(k) plans with their employers, and they regularly consider depleting those accounts to pay off creditors rather than file bankruptcy. One feature that tempts debtors into doing this is the ability to take out loans against their retirement accounts. Essentially, they are …
I recently analyzed bankruptcy data to find out who chapter 7 New York bankruptcy debtors are. The dataset came from the federal courts’ 2016 BAPCPA Report, which contains information on people who file bankruptcy but owe mainly consumer debts. However, not all bankruptcy debtors are consumer debtors, so the post gave incomplete information on how …
How Many People File New York Bankruptcy Each Year? Read More »
Many working debtors have retirement accounts, chiefly investment retirement accounts (IRAs) or 401(k) accounts through their employers. These accounts are assets, but New York bankruptcy exemption rules shield them completely while the federal exemptions protect them up to an enormous amount—more than $1.2 million. Debtors sometimes ask whether retirement contributions are allowed in bankruptcy, but …
Increasing Retirement Contributions (IRA, 401(k)) Before Bankruptcy Read More »
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