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New legislation

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 …

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

Will the Federal Government Reform Income-Driven Repayment Plans?

Income-driven repayment (IDR) plans came into prominence in 2007, and in the last decade the Obama administration has promoted them and broadened their scope, e.g. by proposing new ones like REPAYE. IDR plans reduce debtors’ monthly payments and ultimately forgive loans after a certain number of years, usually 20. For many years, federal student loans …

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What Is ‘Judicial’ and ‘Non-Judicial’ Foreclosure in New York?

Many homeowners file New York bankruptcy to prevent a foreclosure. However, sometimes the terminology can confuse homeowners as to their rights, particularly the terms “judicial” and “non-judicial” foreclosure. Some states allow only one type of foreclosure, but some allow both. Adding to the confusion is that New York used to allow both types, but it …

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Judge Alan Trust wins Bankruptcy Bill Bankruptcy Song Contest

The Bankruptcy Bill Bankruptcy Song Contest (of which I was one of the sponsors) announced it’s winner in a cute cartoon: “DEBTS IN WRONG PLACES” by Judge Alan S. Trust(United States Bankruptcy Judge, Eastern District of New York) (Bankruptcy Bill Song Contest cartoon image used by Rosenberg Musso & Weiner LLP with the express permission …

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Do we really need a Consumer Finance Protection Agency? Toyota’s example indicates “YES”

There’s a great cartoon on the Center for Responsible Lending’s website that points out the silliness of the arguments against the creation of a Consumer Finance Protection Agency (CFPA). The gist of the cartoon is that if Toyota and the auto industry made the same arguments being used by opponents of the CFPA, there would …

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Credit card practices “explained”….in a funny and satirical way

If you weren’t already cynical about the credit card industry’s practices in the face of the Credit CARD Act of 2009 which went into effect yesterday (Feb 22, 2010), take a look at this very funny and “educational” video by Mark Fiore: [youtube=http://www.youtube.com/watch?v=NCJHi-b0rhw&feature=player_embedded] Click here to read more posts on NYBankruptcyNet about credit cards For …

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The new credit card law: What New Yorkers need to know to protect themselves

The Credit CARD Act of 2009 goes into effect TODAY, February 22, 2010. What does it mean for New Yorkers like you and me? Will it really help us? Is there anything we have to watch out for? The answers:  More protections.  Yes, to some extent.  And yes, there are things to watch out for. …

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1099-C and Forgiveness of Debt: Another reason to be wary of debt settlement companies

I’ve previously warned against working with debt settlement companies on the basis that many of them are scams and just take advantage of people. However, here’s one more reason to be wary of debt settlement companies:  1099-C…. the tax document you receive signifying income when a debt is forgiven. If you negotiate a settlement so …

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Bankruptcy Haiku and Mortgage Cramdown

What does Congress’ failure to pass the mortgage cramdown legislation have in common with the Honeymooners?  They’re both in the latest bankruptcy haiku from Bankruptcy Bill. Reprinted with permission from the creators of Bankruptcy Bill: Why did Congress dis Honeymooners and not pass Mortgage Kramden Bill? (Click here for more bankruptcy haiku from Bankruptcy Bill.) …

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Mortgage Cramdown Fail: BAPCPA Man vs Mortgantua – Part 5

How is BAPCPA Man doing in his battle against Mortgantua to save American homeowners?  Not so well, thanks to Congress Man and Subprimulus. Note: This cartoon is posted on the NYBankruptcyNet site with the express permission of the creators of BAPCPA Man. Are you worried about foreclosure in New York?  If you’re struggling with mortgage …

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