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Southern District of New York

How does a New York bankruptcy case end?

You may know how a New York bankruptcy case begins.  (Your lawyer e-files your case with the court.)  But what’s the event that signals the end of a bankruptcy case? There are actually several ways a bankruptcy case can end. Discharge: For Chapter 7 or Chapter 13 bankruptcy, discharge is the most common outcome.  And …

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Can I give away property before I file for bankruptcy in New York?

For New Yorkers thinking about a bankruptcy filing, it’s tempting.  You have a very valuable asset, perhaps some land or art or a car, and you don’t want to risk losing it to creditors.  So you give it away to your brother, a friend, one of your children. Is this kosher under the bankruptcy laws? …

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Bankruptcy filings to decrease in 2011? What does it mean for you?

For all New Yorkers thinking of filing for bankruptcy in 2011 (and those who aren’t as well), a recent post on CreditSlips.org (“Projected Filings for 2011“) makes fun of the impossibly specific projected number of filings for the year (1,457,787.3) and then goes on to explain the significance of the number:  namely that it seems …

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5 common mortgage scams for New Yorkers to beware of

Being under financial stress makes people extremely vulnerable to scams, whether in New York or elsewhere.  The key is being aware, being educated and being skeptical.  And of course, it never hurts to have an experienced New York bankruptcy attorney to check in with. Here are five common mortgage scams that every New Yorker should …

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3 common questions about bankruptcy in New York

If you’ve never had to think about bankruptcy in New York before, then you likely have many questions.  Fortunately, an experienced New York bankruptcy attorney can answer many of those for you via a free initial consultation. That said, here are 3 common questions about bankruptcy (including answers) that may be helpful to you. 1.  …

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5 tips for improving your post-bankruptcy credit score in New York

A real concern for many who file for bankruptcy in New York is whether they can rebuild their credit score following the end of their bankruptcy case. Fortunately, there are effective ways to do this.  And there’s no magic to them.  They’re simply common sense.  Here are 5 good ways to improve your post-bankruptcy credit …

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Motion to dismiss bankruptcy and bankruptcy denial in New York

When does a motion to dismiss bankruptcy occur?  And when does a bankruptcy denial of discharge occur in New York? Most consumer bankruptcy cases in New York do not involve a motion to dismiss the bankruptcy case.  And most consumer bankruptcy cases in New York do not involve a bankruptcy denial of discharge either. That …

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Business bankruptcies in New York and the debtor in possession

What distinguishes business bankruptcies from other bankruptcies in New York?  And what exactly is a “debtor in possession”? At the simplest level, business bankruptcies involve a business rather than just an individual who is filing for bankruptcy.  Business bankruptcies also often involve a corporate entity, whether that’s a corporation, a limited liability company or even …

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