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New York Bankruptcy Lawyer

Concurrent Bankruptcies Are a Disaster Waiting to Happen

There are myths of people engaging in serial bankruptcies and sometimes people file consecutive bankruptcies, but one thing debtors should not do is file concurrent bankruptcies. The overlapping cases can create needless headaches for everyone involved, especially debtors. The biggest reason not to do this is that it might end up creating a second bankruptcy …

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Government Proposing A New Student Loan Repayment Option: REPAYE

It seems like yesterday when there were only a handful of options for dealing with federal student loans: consolidation, deferment, and forbearance. Then, in a matter of a few years, the government created a slew of acronymic hardship repayment programs: ICR, PSLF, IBR, and PAYE. Keeping these plans straight is difficult since they share so …

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Tweaking Self-Employment Income to Beat the Means Test Can Be Risky

Recall that debtors can use irregular incomes to their advantage to avoid taking the chapter 7 means test. (In New York bankruptcy, the median family income is $49,632 for a family of one and goes up from there for each additional family member.) The linked post gives as an example an individual who was about …

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Chapter 13 Should Not Be Confused With Income-Based Repayment

The Pittsburgh Post-Gazette ran an interesting article on private student loan debts and chapter 13 bankruptcy. I wrote on this very topic back in 2013, but the article combines a few additional points about bankruptcy worth discussing. For one, as far as it goes, the article is correct: Chapter 13 can reduce monthly payments to …

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The Chapter 13 Debtor’s Last Hurdle: The Section 1328 Certificate

Chapter 13 New York bankruptcy involves plenty of paperwork, to say nothing of patience on the part of the debtor. One particular hurdle a debtor must overcome is completing the “section 1328” certificate—named for its place in the Bankruptcy Code—and submitting it on time. The discharge order depends on the debtor doing so. So what …

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Do Debtors Think Mandatory Financial Education Works?

That’s the question a pair of researchers raised a few years ago, and the answer might provide insights to debtors in New York bankruptcy. Since the 2005 Bankruptcy Abuse Prevention and Consumer Protection Act was passed, debtors have been required to complete a financial education course prior to discharge, which is not to be confused …

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New York’s Student Protection Unit Announces Closure of Debt Relief Provider

Just last week, I wrote about LegalZoom’s offer to help sign student debtors onto the federal government’s income-based repayment scheme, even though the process is meant to be done by debtors themselves for free. There were two points from that post: One was that LegalZoom might not be the usurper of traditional legal services as …

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