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Eastern District of New York

How do I declare bankruptcy in New York? And can I file bankruptcy without my spouse?

“How do I declare bankruptcy?” The first step (not required, but strongly advised given the increased complexity of the bankruptcy process today, thanks to the 2005 law) is to find an experienced and trustworthy New York bankruptcy attorney. The second step to filing bankruptcy is to figure out if you should file for Chapter 7 …

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Filing For Corporate Bankruptcy: A few things to know

You’re running a business and are considering filing for corporate bankruptcy in Brooklyn or elsewhere in New York.  What are your options and what do you need to know? First, if you’re a corporate entity, you need to work with a bankruptcy attorney (preferably one with substantive corporate bankruptcy filing experience in New York). Second, …

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Business Bankruptcy Lawyers in Brooklyn, New York

If you own a small business in Brooklyn, New York and are facing financial difficulties, it’s important to know that filing business bankruptcy is an option for you. What kind of business bankruptcy information do you need to proceed? First, you need a lawyer.  Preferably an experienced Brooklyn business bankruptcy lawyer. Second, you need to …

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The Consequences of Filing Bankruptcy in NY

Filing bankruptcy in NY is something many New Yorkers have considered and many will continue to consider. Today our Brooklyn bankruptcy lawyer discusses:  What are the consequences of filing bankruptcy in New York City? The Good: 1.  Filing bankruptcy in NY stops calls from creditors and collection agencies immediately.  The “automatic stay” goes into effect …

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Chapter 7 bankruptcy and the means test: What does it mean?

Chapter 7 bankruptcy (or “straight liquidation”) is the most common form of bankruptcy filing in New York and around the U.S. Thanks to the “means test,” however, it’s slightly less frequently used than it used to be.  That’s because the means test for Chapter 7 bankruptcy was essentially put in place by the credit industry …

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401K Loan, Bankruptcy: What you should know

If you’re thinking of filing for bankruptcy in New York and you previously took out a 401(k) loan, what should you be aware of? First, it depends upon whether you’re going to file for Chapter 7 or Chapter 13 bankruptcy.  (And that’s a question to discuss with your experienced bankruptcy attorney in New York.)  In …

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Automatic Stay Violation: How can you stop it?

Once you file for bankruptcy in New York (or anywhere else for that matter), you are protected by the automatic stay.  In a nutshell, that means no creditors (including the IRS!) can take, or collect, or even attempt to collect anything from you without the Bankruptcy Court’s permission. (FYI, if the Bankruptcy Court gives such …

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What will happen at my 341 meeting of creditors in New York?

It’s very common for clients filing for personal bankruptcy to worry about the 341 Meeting of Creditors.  It’s the first “event” in a bankruptcy case and the first time for most clients to actually go to court.  (Though it’s usually the only time the client needs to go to court in a bankruptcy case.) A …

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