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New York Bankruptcy

Choose Bankruptcy, Not ‘the Sweatbox’

A while back, I wrote several posts to illustrate who Brooklyn bankruptcy and New York bankruptcy debtors are by the chapter they file in. (For example here is, “Who Are Chapter 7 Bankruptcy Debtors?“) Although I think the posts covered the topic quite well, one of their weaknesses was that they used averages from aggregates, …

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What Is a ‘Motion to Suspend’ Proceedings in Bankruptcy?

A New York bankruptcy case does not need to end in dismissal; there are some situations in which debtors, creditors, or trustees may prefer to just suspend cases. That is, rather than ending cases abruptly there can be times when it’s preferable to simply hit the pause button on bankruptcy until it’s more convenient to …

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Stay Away From Hospital-Affiliated Bank Loans

Recently I wrote about the agreements big banks were striking with colleges to make money off their students. The Washington Post ran an article about similar agreements between hospitals and banks for lending money to patients to pay for their medical expenses. From a New York bankruptcy context, debtors should try to avoid these loans …

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Reason to File in Chapter 13: Future Deteriorating Financial Conditions

There’s been some discussion lately on bankruptcy lawyers steering debtors to chapter 13 when chapter 7 is more appropriate, e.g. when ProPublica found significant racial disparities in bankruptcy outcomes. This isn’t so much of an issue in New York bankruptcy cases because New Yorkers, particularly downstate, tend to file in chapter 7. However, there is …

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Reconsideration: Breathing Life Back Into Disallowed Claims

I recently wrote a post discussing what makes a claim “allowed” or “disallowed” in New York bankruptcy. I wrote, “Debtors often rejoice at seeing a creditor’s claim disallowed, but that’s not always the end of the story for creditors.” One way a disallowed claim can return is if the creditor files a motion for reconsideration …

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