Excessive Credit-card debt is very common in New York bankruptcy. In fact, in 2016 in the Eastern District of New York, which includes all Brooklyn bankruptcy cases, the average debtor owed tens of thousands of dollars in unsecured debts. (Information from “Who Are Chapter 7 Bankruptcy Debtors?“) The question is, what are the main reasons …
Study: ‘Making Ends Meet’ Most Common Cause of Credit-Card Debt 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 »
Now that it’s 2018, Americans are (or at least should be) thinking about paying their 2017 taxes by April. It’s becoming more common to pay taxes electronically, especially by credit card over the Internet where the process is straightforward, doesn’t require envelopes, and doesn’t cost money for postage. For many, these credit-card bills are repaid …
What Happens to Credit-Card Debt Used to Pay Taxes in Bankruptcy? Read More »
In mid-August The Washington Post ran an article in its business section warning of the perils of consumer debt returning to record high levels. “Haven’t we learned?” it moans. The better question is, “So what?” It appears the author has not learned that population growth, higher incomes, different debt compositions, and low interest rates should …
Record Consumer Debt Coincides with Higher Credit-Card Delinquencies Read More »
In the last few years you may have heard something in the news that has not happened for a while: The Federal Reserve is gently raising its target interest rate, the effective “federal funds rate.” The Fed held this rate at about zero from late 2007 until the end of 2015, but fearing an overheating …
How Do Fed Rate Hikes Affect Debtors and Bankruptcy Filings? Read More »
One of the most common questions a New York bankruptcy lawyer hears is: How does bankruptcy affect credit scores? The best response is that credit scores are trivial compared to debtors’ financial problems. Bankruptcy is about accepting sunk costs of bad debt, even if it’s triggered by unfair circumstances such as a job loss or …
How Does the ‘Bankruptcy Flag’ Affect Credit Scores? Read More »
A few months ago, the U.S. Supreme Court chose to hear a case deciding whether a chapter 13 bankruptcy debtor could sue a debt collector for violating the Fair Debt Collections Practices Act (FDCPA) for filing a proof of claim on an expired debt. For New York bankruptcy debtors, the answer already is no, but …
U.S. Supreme Court: Bad Proofs of Claim Do Not Violate the FDCPA Read More »
A couple years ago, New York bankruptcy lawyers discovered debt collectors on social media. In that medium, they seek out debtors who have moved or changed their contact information. Even more recently, according to a NerdWallet article, it appears debt collectors are using other advances in communications technology to target borrowers while avoiding the Telephone …
Debt Collectors Adopting New Technologies to Target Borrowers Read More »
New Yorkers traveling out of state may have experienced retailers offering higher prices for transactions paid by credit cards rather than cash or checks. New York bans the practice, so it’s much more common to see merchants declining credit-card transactions for purchases under $10. However, credit-card surcharges may be coming to New York thanks in …
U.S. Supreme Court Holds New York Credit-Card Surcharges Are Free Speech Read More »
Observing the tenth anniversary of the Bankruptcy Abuse Prevention and Consumer Protection Act, I discussed one of its less consequential impacts on New York bankruptcy: whether debtor-education requirements were a waste of time. The Government Accountability Office found that debtors thought the courses were somewhat helpful, but they would not have prevented their bankruptcies. In …
CFPB Studies Debtor Education That Isn’t a Waste of Debtors’ Time Read More »
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