New York bankruptcy requires significant attention to detail, ensuring all the paperwork is complete and filed on time, attending the 341 meeting, scheduling adversary proceedings, etc. Before the World Wide Web, debtors could keep track of their bankruptcies by staying in touch with their bankruptcy lawyers or contacting the clerks of the bankruptcy court. Nowadays, …
I’ve discussed the pitfalls associated with relatives dying in New York bankruptcy and why bankruptcy for elderly debtors might be preferable to planning for their property going through probate after they die. There’s another route of transferring wealth between generations that can cause bankruptcy-related problems: gifts. It’s somewhat salient because the federal estate tax recently …
Most of the time debtors are the ones who file New York bankruptcy. However, the Bankruptcy Code allows creditors to force debtors into bankruptcy under certain circumstances. Importantly, the debtor in question must be either a for-profit corporation or a person, but not an unincorporated farmer or family farmer. Creditors can initiate involuntary proceedings in …
When Can a Creditor Initiate an Involuntary Bankruptcy? Read More »
There are times when filing New York bankruptcy isn’t a good idea, like when debtors only owe a couple thousand dollars, but it’s a much more difficult proposition advising debtors who can’t file. The Bankruptcy Code doesn’t offer relief for everyone in all circumstances, so it can help to discuss alternatives. But first, here are …
Medical costs are cited as one of the most frequent causes of New York bankruptcy, but there’s at least one study that’s delved into a specific type of health care costs: cancer. It’s an important topic because many types of cancer require long, expensive treatment before remission occurs. The study, which was conducted by the …
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 …
Concurrent Bankruptcies Are a Disaster Waiting to Happen Read More »
One of the draws of Chapter 13 New York bankruptcy is the additional option for keeping an automobile: the cram-down. For cars older than 910 days, the debtor can ask the bankruptcy court to adjust the auto loan down to the car’s current market value. It’s too bad debtors can’t do this with their houses. …
Will That Clunker Last Through a Chapter 13 Plan? Read More »
The Fair Debt Collection Practices Act (FDCPA) was passed back in 1977, long before typical American households had so much as one computer, much less the smartphones of today. The FDCPA even discusses communications by debt collectors over telegrams. Consequently, there’s been some anxiety over collectors using social media to locate debtors or communicate with …
It’s more common for tenants to file New York bankruptcy than their landlords—especially with rents as high as they are now. Landlords do, however, run into financial difficulties sometimes, so anxious tenants might want to know what they should do. If this is a problem on your horizon, here are a few points: (1) Pay …
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 …
Tweaking Self-Employment Income to Beat the Means Test Can Be Risky Read More »
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