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New York Bankruptcy

Chapter 7 bankruptcy and the means test: What does it mean?

Chapter seven bankruptcy (or “straight liquidation”) is the most common form of bankruptcy filing in New York and around the U.S. Thanks to the “means test,” however, it’s slightly less frequently used than it used to be.  That’s because the means test for Chapter 7 bankruptcy was essentially put in place by the credit industry …

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Automatic Stay Violation: How can you stop it?

Once you file for bankruptcy in New York (or anywhere else for that matter), you are protected by the automatic stay.  In a nutshell, that means no creditors (including the IRS!) can take, or collect or even attempt to collect anything from you without the Bankruptcy Court’s permission. (FYI, if the Bankruptcy Court gives such …

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Will Bankruptcy Stop Foreclosure?

Foreclosure looms over your Brooklyn home (or Manhattan, Queens, etc. home).  You’re not sure what to do about it and may be wondering if a bankruptcy filing will help. Will bankruptcy stop foreclosure? Of course, the answer depends on your situation.  There are many different factors to that affect the decision, which an experienced New …

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Refund Anticipation Loans and the Earned Income Tax Credit

H&R Block a usurious moneylender?  That’s not the standard image for H&R Block or other major tax preparation agencies.  However, part of their business does in fact involve making loans at what works out to be a rather high interest rate. Tax preparation agencies frequently make “Refund Anticipation Loans” or “Refund Anticipation Checks” to clients …

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Bankruptcy Look 12.15.10

CreditSlips.org is always a great source of info and analysis of bankruptcy issues and news, especially those affecting average New Yorkers and other Americans.  It’s run collaboratively by the leading bankruptcy professors on consumer bankruptcy issues from several different universities around the country. Though some of the CreditSlips.org posts may be a bit on the …

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Bankruptcy basics with the Bankruptcy Bill cartoon: “cents on the dollar” and “involuntary filing”

The latest Bankruptcy Bill cartoon is out (“Bankruptcy Bill #25:  Dutch Date“) and finds humor in the euphemisms bankruptcy lawyers might employ in discussing a blind date gone awry.  The humor is intended primarily for an audience of bankruptcy lawyers.  But I thought it also offers a nice opportunity to educate my clients and other …

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Brooklyn Bankruptcy Update 03.31.10

Time for another edition of Brooklyn Bankruptcy Update, a look at the latest Bankruptcy news and happenings out of the County of Kings (aka Brooklyn). 1.  Mayor Bloomberg Announces New NYC Service Initiative to Provide Free Legal Services to Homeowners in Danger of Foreclosure (RealEstateRama.com) “A new NYC Service initiative to provide free legal support …

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Bankruptcy Man vs. Mortgantua – Mortgage Note Request!

Bankruptcy Man (f/k/a BAPCPA Man) fights through a classic mortgage industry trick by Mortgantua. Note: This cartoon is posted on the NYBankruptcyNet site with the express permission of the creators of Bankruptcy Man. If you’re concerned about foreclosure in New York and dealing with mortgage and other financial problems, if you’re in search of your …

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