Many people believe that once they file bankruptcy it can be years before they can obtain the credit necessary to live in a home again. Fortunately, that’s not true. For many petitioners, the amount of time between bankruptcy and homeownership can be a matter of mere months. The U.S. Department of Housing and Urban Development …
How to Purchase a Home After Bankruptcy Through an FHA Loan Read More »
It’s a sad truth that many businesses in New York fail, prompting twin chapter 7 bankruptcies for both the business and the owner. The two most common causes of businesses shutting their doors is lack of sales (obviously) and liquidity problems, which usually involve solid sales, but the business nevertheless can’t pay its creditors because …
People paying attention to bankruptcy news throughout the country may have heard about two debtors who successfully discharged their student loans in chapter 7 this year. Typically, seeking a discharge of education debt is difficult to accomplish because debtors must prove that without a discharge they would suffer an “undue hardship.” This requirement came into …
Income-Sensitive Repayment Plans Might Not Bar Student Loan Debtors From Bankruptcy Read More »
Sometimes an odd situation appears in New York bankruptcies. A debtor gets everything in order, files for bankruptcy, and then discovers that one of his or her bank accounts is frozen even though the bank isn’t one of the debtor’s creditors. It’s bizarre but it can happen. One would think the automatic stay would protect …
In Part 1, we discussed the various documents that you should consider bringing to your first free bankruptcy consultation with your New York bankruptcy attorney. Our goal is to relieve you of some of your anxiety as you begin the bankruptcy process. Gathering the necessary documents will ease some of your fears. Doing so will …
If you’ve set up a free bankruptcy consultation in New York, in all likelihood you will be nervous about your first meeting with your bankruptcy attorney. Financial matters are incredibly personal, and people have a natural inclination against discussing debt with strangers. However, if you bring the necessary paperwork, your first meeting will go more …
If you are facing foreclosure on your home in New York and you file for bankruptcy, will the automatic stay protect your home from foreclosure? The answer: Yes and no. Once you file for bankruptcy, the automatic stay goes into effect and prohibits any creditors from taking any actions to collect money or assets from …
Will the automatic stay protect me from foreclosure in New York? Read More »
You may know how a New York bankruptcy case begins. (Your lawyer e-files your case with the court.) But what’s the event that signals the end of a bankruptcy case? There are actually several ways a bankruptcy case can end. Discharge: For Chapter 7 or Chapter 13 bankruptcy, discharge is the most common outcome. And …
For New Yorkers thinking about a bankruptcy filing, it’s tempting. You have a very valuable asset, perhaps some land or art or a car, and you don’t want to risk losing it to creditors. So you give it away to your brother, a friend, one of your children. Is this kosher under the bankruptcy laws? …
Can I give away property before I file for bankruptcy in New York? Read More »
Filing bankruptcy in New York no doubt seems like an intimidating prospect. But often, the best way to deal with a fear of something is to become more familiar with it. So here are a few interesting things about bankruptcy that will hopefully make it out to be what it really is: a legal process …
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