An experienced New York bankruptcy lawyer should be able to answer every bankruptcy question imaginable. This includes the kind that are based on misconceptions about what bankruptcy is or how it works. One such question that sometimes comes up is, “Will I win my bankruptcy case?” Today, I’ll address that one. Bankruptcy cases aren’t won …
Bankruptcy Misconception: ‘Will I Win My Bankruptcy Case?’ Read More »
Earlier this year I explained that “no-asset bankruptcy cases” are really “no non-exempt asset bankruptcy cases.” The idea is that unless they live in communes, all debtors actually do have assets. The question is really the extent to which they matter in a New York bankruptcy. So let’s clear up some misconceptions about “assets”: what …
Utility companies are not like typical creditors for New York bankruptcy debtors. Unlike, say, a credit-card, debtors usually cannot forgo using their utilities. By the same token, utilities aren’t like cell phone providers or other creditors with executory agreements because they’re necessary (and regulated) services debtors need in their homes. So what happens to them …
What Happens to Utilities in New York Bankruptcy? Read More »
Many chapter 7 New York bankruptcy cases feature cars as assets, and for a variety of reasons debtors choose not to hold on to them. One of their options is to surrender them to their auto-loan creditors. Hopefully there’s another option for meeting their transportation needs, but in the meantime debtors may reasonably ask, “When …
When Do I Have to Surrender My Car in Bankruptcy If I Choose to Do So? Read More »
It’s strange to think that bankruptcy costs money. How are people who don’t have money supposed to be able to pay for bankruptcy? The answer, unfortunately, is that bankruptcy does cost money; however, there are ways New York bankruptcy debtors can use the justice system affordably to gain their fresh start. I discussed this issue …
Last year I asked who chapter 7 bankruptcy debtors were, and just a few weeks ago, I discovered that Brooklyn bankruptcy filings were up in 2017 over 2016. Because the federal judiciary’s Bankruptcy Abuse Prevention and Consumer Protection report (BAPCPA report) came out recently, it’s fair to ask how 2017 compared to 2016 and whether …
Who Were Chapter 7 New York Bankruptcy Debtors in 2017? Read More »
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 »
Sometimes New York bankruptcy debtors are confused about the bankruptcy process. In the past I’ve discussed persuasive reasons to list every debt in bankruptcy, but this time I’ll focus on a common confusion debtors may have about bankruptcy and why listing all debts is necessary and helpful. In particular, sometimes debtors believe they can (or …
List All Debts in Bankruptcy, Even If You Might Not Want Them Discharged Read More »
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 »
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