Chapter 7 New York bankruptcy is often offered as an option for stopping a foreclosure. However, debtors should ask why it’s worth the trouble if they think they will lose their homes anyway. It’s a fair point: Debtors who are behind on their mortgages might not keep their homes in chapter 7. Ultimately, the answer …
Why File Chapter 7 to Delay an Inevitable Foreclosure? Read More »
A long time ago, I discussed the requirements in New York for a successful deed-in-lieu of foreclosure agreement, also called a mortgage release. The benefits of such an agreement are that the lender is able to resell the property and the borrower is no longer obligated to pay on an ultimately unaffordable mortgage. The question, …
Is Renting Your Underwater Home From the Bank a Good Idea? Read More »
Around 2012, bankruptcy lawyers began reporting a strange trend: their clients’ bankruptcies were hijacked by third parties, causing significant problems for the debtors’ cases. The fad didn’t reach the East Coast to a significant degree, but New York bankruptcy hijacking is possible. Debtors, especially those who’ve gone without lawyers, should learn what the signs are …
Bankruptcy Hijacking: A Scam on the Unwary Debtor Read More »
The majority of consumer New York bankruptcy cases are filed in chapter 7 rather than chapter 13, usually for understandable reasons. Debtors choosing chapter 7 probably have few assets, low incomes, and they are mostly looking to discharge unsecured debts. Although chapter 13 might not appear right for many, it does discharge some unsecured debts …
7 Debts That Are Dischargeable in Chapter 13 But Not Chapter 7 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 »
The Federal Reserve Bank of New York issued a press briefing along with the update to its Household Debt and Quarterly Credit Report. It highlighted new research into the relationship between student loans and homeownership. At the same time, the update provides some insight into topics relating to New York bankruptcy. Beginning with the good …
NY Fed: More Student Loans Lead to Lower Homeownership Rates Read More »
It’s an unfortunate fact of Chapter 13 that it does not allow debtors to cram down their mortgages to the market value of their properties the way they can auto loans. Specifically, debtors can’t cram down their principal homes’ mortgages, but cram-downs are possible for investment properties. One question that’s been popping up recently in …
New York Bankruptcy Court Prohibits Lien-Stripping of Debtor’s Duplex Read More »
In February, the Federal Reserve Bank of New York’s Liberty Street Economics blog published five posts on housing and homeownership. I won’t discuss the findings from every post, nor write five in response, but I will hit on the major points that might be salient to New York bankruptcy. In its first post, the Fed’s …
NY Fed: ‘Household Sector Remains Vulnerable to Severe Price Declines’ Read More »
When debtors have too few funds to pay too many debts, they don’t try to distribute their money among all their debts. Rather, they prioritize some debts over others. The insight, courtesy of a blog post at the Federal Reserve Bank of New York’s Web site, can help debtors and New York bankruptcy lawyers determine …
I just wrote about the new study renewing the debate on whether underwater homeowners are stuck in their communities due to the “lock-in effect.” The hypothesis states that underwater homeowners are so reluctant to leave their homes at a loss or file bankruptcy that they stay put and try to find work locally, even if …
No ‘Lock-In Effect’ Stopping Millennials From Moving Read More »
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