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Foreclosure

5 common mortgage scams for New Yorkers to beware of

Being under financial stress makes people extremely vulnerable to scams, whether in New York or elsewhere.  The key is being aware, being educated and being skeptical.  And of course, it never hurts to have an experienced New York bankruptcy attorney to check in with. Here are five common mortgage scams that every New Yorker should …

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Are any debts non-dischargeable in a bankruptcy case in New York?

The goal of a bankruptcy case is to get the discharge.  This is true whether your bankruptcy is in Brooklyn, Queens, Manhattan, Long Island or anywhere else in New York or the rest of the U.S.  And it’s the same whether it’s a Chapter 7, Chapter 11 or Chapter 13 bankruptcy. The discharge is what …

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Can I keep my home if I file for bankruptcy in New York?

Yes, you can keep your home if you file for bankruptcy in New York. But it’s not a given.  And depending on your circumstances, there are a few different ways to do it. If you file for Chapter 7 bankruptcy, then you can keep your home as long as the remaining equity in your home …

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Refiling in Chapter 13 After Case #1 Doesn’t Work Out

It’s common for debtors in chapter 13 New York bankruptcy cases to face challenges completing their repayment plans. These challenges are frequently the same kind that bring them to bankruptcy in the first place: lost jobs, medical emergencies, or unexpected vehicle costs. Often, they take the options of asking the bankruptcy court to agree to …

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Using Chapter 13 to Undo a New York Tax Foreclosure

A federal court’s ruling on a pair of recent chapter 13 New York bankruptcy cases in western New York gives debtors outside of New York City, unfortunately, an unusual opportunity for keeping their homes after a county tax foreclosure. A debtor in this situation must file in chapter 13 and propose a repayment plan that …

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Study: College Costs Drove Households Into Foreclosure

The problem of rising college costs is often associated with the possibility of discharging student loan debt in a New York bankruptcy filing. However, higher-education costs also affect students’ parents. In a new study that appears in the journal Demography, the authors estimate that parental contributions to their children’s college attendance corresponded with higher foreclosure …

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Big FDCPA Supreme Court Case Offers Lessons to New Yorkers

Maybe it’s good news for some New Yorkers, but its result probably won’t affect them: The U.S. Supreme Court recently chose to hear a case about whether the Fair Debt Collections Practices Act (FDCPA) applies to parties initiating non-judicial foreclosures. New York State, however, no longer allows non-judicial foreclosures, so the Court’s ruling probably won’t …

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Bankruptcy Before or After a Short Sale

Short-selling an underwater home is frequently touted as an alternative to New York bankruptcy, but sometimes the two go together. Debtors might find it dispiriting to hear that solving their mortgage problems might require two bureaucratic processes, but knowing how short sales and bankruptcy intersect can help debtors decide whether it’s necessary to take both …

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