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Southern District of New York

Business Bankruptcy Lawyers in Brooklyn, New York

If you own a small business in Brooklyn, New York and are facing financial difficulties, it’s important to know that filing business bankruptcy is an option for you. What kind of business bankruptcy information do you need to proceed? First, you need a lawyer.  Preferably an experienced Brooklyn business bankruptcy lawyer. Second, you need to …

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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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401K Loan, Bankruptcy: What you should know

If you’re thinking of filing for bankruptcy in New York and you previously took out a 401(k) loan, what should you be aware of? First, it depends upon whether you’re going to file for Chapter 7 or Chapter 13 bankruptcy.  (And that’s a question to discuss with your experienced bankruptcy attorney in New York.)  In …

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Bankruptcy and Student Loans: Do they go together?

Can New Yorkers get their student loans discharged in bankruptcy?  You can certainly get most other debts discharged.  So why not student loans? Because the student loan industry lobbied hard to make sure that student loans were listed as “non-dischargeable” when the 1978 Bankruptcy Code was written.  As a result, the only exception for getting …

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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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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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