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Posts by glenn

New York debt collection law

erase debt man

Many consumers have heard of the Fair Debt Collection Practices Act, which protected them from abusive, unfair, and unconscionable treatment by third-party debt collectors. What may not be as well-known is that individual states have their own debt collection laws, some of which extend greater protection to residents. The New York debt collection regulations were…

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Bystander injuries on construction sites

construction site with crane and sunlight

In February 2016, strong gusts of wind caused a crane in Lower Manhattan to crash down onto Worth Street, killing one pedestrian and littering the surrounding blocks with debris. People on their way to work in the area fled in panic, thinking that a bomb had gone off. An investigation by the city’s Buildings Department…

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A virtual Christmas with the kids

holiday lamp and hat

What’s worse than not having the kids for Christmas? Not having them AND being out of the state or even the country over the holidays. Thanks to an increasingly mobile workforce, this scenario will be a reality for many divorced parents this season. It’s not a happy prospect, but remember one thing: the technological advances…

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The weather did it?

cars in rain

Every year in New York State, there are dozens, if not hundreds, of motor vehicle accidents caused by negligent driving practices in poor weather conditions. Collisions are not limited to snowstorms and freezing rain. Even summer has its share of heavy rainfalls that can turn streets and highways into high-risk thoroughfares. The most responsible drivers…

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Suing a child for a personal injury in New York

car and bicycle accident

At first, the thought of an adult suing a child seems ridiculous and even petty, but there are cases where it may be warranted, especially in personal injury law. Imagine you are walking through Central Park on a weekend afternoon, enjoying the fall weather. Suddenly a rock, thrown by a child who looks no older…

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What is an emergency bankruptcy filing?

stopwatch time

Filing for Chapter 7 bankruptcy can provide you with relief from creditor collection actions, but it takes time. You have to complete and file a multi-page petition, attend the 341 meeting (Meeting of Creditors), and more. But what if you can’t wait that long? What if you’re facing a wage garnishment, repossession, foreclosure, or other…

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How does workers’ compensation apply when you have two jobs?

work accident slip off ladder

Anyone who lives in New York knows how expensive it can be. According to Rent Jungle, the average rent on a one-bedroom apartment is $2,979 a month, which is a 9% increase over last year. Everyday essentials also appear to cost more in the city than elsewhere. Therefore, it’s hardly surprising that so many New…

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An overview of the Truth in Lending Act

interest rates

The Truth in Lending Act, or TILA for short, was passed 50 years ago to ensure protection and transparency for consumers in their interactions with creditors and lenders. Today, it is part of the more encompassing Consumer Credit Protection Act, but its echoes can be felt in the measures taken to help consumers avoid a…

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Planning for your child’s college during divorce

college students

All good parents want what is best for their children. This is a fact that rarely changes, even in emotionally difficult situations like divorce. This is why they often discuss college and vocational school costs years and factor them into the divorce agreement before their children have even started preschool. According to the State University…

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How to have a safe Thanksgiving

cooking with fire and pan

Thanksgiving is just around the corner. With our minds on roast turkey, cornbread, pumpkin pie, and a celebratory family dinner, it’s easy to forget that the Thanksgiving weekend is one of the most dangerous ones for motorists. There are also other risks associated with hot cooking appliances, improper food preparation, and more. Here are some…

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Don’t have the kids for Thanksgiving? Here are some options

family at Thanksgiving

What was Thanksgiving like before the divorce? Was there a huge roast turkey on the table, finally ready for eating after tantalizing everyone with its aroma for hours? Were there last-minute rushes to the grocery store for extra cranberry sauce or whipped cream? Was it all topped by a feeling of togetherness as everyone gathered…

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How can a pre-existing condition affect a personal injury claim

pre-existing medical condition

You were rear-ended by another driver recently, leaving you with a dislocated shoulder and terrible back pain. Now, as you file an insurance claim, that driver’s insurer asks you if you suffer from any pre-existing conditions. You do—for years you have been suffering from disc degeneration problems. Although you cannot seek damages for an injury…

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What to do if your ex accuses you of child abuse

child abuse concept unhappy child

All good parents have one thing in common: they love their children deeply. Therefore, one of the worst things a parent can experience in a contentious family law case is an accusation of child abuse. Imagine that you are going through a divorce from a vindictive spouse. They are accusing you of all kinds of…

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Workers’ compensation for the self-employed

construction job

You’ve achieved your dream of self-employment. At first, you put in long days (and sometimes you still do) but now you’re starting to achieve that work-life balance that you’ve always craved. But when you were establishing your business, did you think about taking out workers’ compensation coverage on yourself?  In New York, there is no…

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What is the difference between a creditor and a debt collector?

bill and people concept

When you’re burdened by debt and unable to make the minimum payments on your student loans and credit cards you’re probably going to hear from a credit collector or a third-party debt collector. Although dealing with both types can seem like the same frustrating experience to you, the truth is that the law has different…

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Technology that can keep your teen driver safe

driving car with phone

Your son has just turned 16 and is studying to get his driver’s license. He’s psyched. You’re not.  As a parent, it’s normal to worry about the safety of your teen driver. Current statistics are alarming. According to the New York Department of Health, motor vehicle accidents are a leading cause of death for teenagers in…

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What to do when your teenager no longer wants to visit

mother daughter together

You and your spouse had an amicable divorce, in which you agreed to joint legal custody of your young son, Brad. The schedule called for him to spend every other weekend with you.  For years, both you and your son looked forward to these weekend visits. When the weather was pleasant, you enjoyed outdoor activities…

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Can you sue a gym for an injury after signing a waiver?

injured woman at gym

Gyms are great places to work out, lose excess weight, and in general keep ourselves in better physical shape. Unfortunately, with all of that heavy equipment being used and liquids being spilled constantly from dropped or overflowing water bottles, they are also the site of frequent injuries like: Sprains Pulled muscles Broken bones Brain and…

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What can you do if the IRS files a lien on your property?

When you accumulate a certain amount of tax debt, the IRS may file a lien against your property, including your home. These liens effectively encumber everything you own, such as your house, motor vehicle, bank account, and real estate, and everything that you acquire while the lien is still in effect. Once a tax lien…

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Overview of the Uniform Child Custody Jurisdiction and Enforcement Act

map

We live in a highly mobile society today, so it is not unusual for divorced parents to want to relocate to a different city, state, or country with their children for personal or work-related reasons. While some noncustodial parents view such a move as beneficial for the children and reluctantly give their blessing, others vehemently…

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You’ve been catfished! Can you sue for a personal injury?

smartphone online

Even before the Internet, a “fish story” was a common euphemism for a huge lie. Now, the tradition continues in the form of catfishing, which is arguably more malicious than the biggest fish tale. The anonymity of the Internet has allowed dishonest individuals to pretend to be someone else online in order to: Pursue a…

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Child support for special needs adults

child support sheltered concept

If you’re filing for divorce and have a child with special needs, then it’s normal to be concerned about their future. Not only do they have unique medical and financial requirements, but they may also need to be supported after they become an adult. In New York, parents are typically required to support their children…

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Bankruptcy and same-sex couples

down graph for bankrupt funds

Every year, couples throughout New York file for joint bankruptcy, but there’s a persistent presumption that these are heterosexual unions and that gay couples cannot legally file together. If they want relief from their debts, then they must file separately. It’s not true and hasn’t been since the New York State Legislature passed the Marriage…

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Spin classes: a hidden danger?

spin class gym

Personal fitness is a key goal for many New Yorkers these days, which is why stationary cycling classes are so popular. Also known as spinning classes, they are group workouts that strengthen the lower body and burn high amounts of calories. According to medical reports, they may also be increasing your risk of kidney damage. …

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Can you sue for falling on a bus?

bus interior

New York City has a huge and convenient public transportation system that includes MTA buses running 24/7. Although bus travel is generally thought of as safe (otherwise we wouldn’t send our children to school on them), accidents do happen to passengers riding the bus. One common accident is unseated passengers falling while the bus is…

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Famous people who have declared bankruptcy

paparazzi

Financial problems can leave you feeling depressed and alone, even when a difficult economy and job market have caused you to fall behind on your credit card bills, mortgage, and other debts. If you are considering bankruptcy, then do not be embarrassed. Some of the world’s most celebrated singers, movie stars, sports players, and other…

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Who pays my medical bills?

medical bill injury concept

You’ve been injured in a car accident and forced to spend time in the hospital. The doctors say that your fractured hip will require you to have months of physical therapy too. You’re grateful to be alive, but you’re also worried about how your medical bills will be covered. Who is going to pay for…

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How to prepare for a child custody hearing

lawyers in court

When New York parents cannot agree on a custody arrangement and visitation schedule, the matter often has to be resolved in court. While this can happen when the parents are determined to use the children as pawns in a bid to hurt one another, it can also arise when one parent sincerely believes that the kids…

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Is slander a personal injury in New York?

slander concept tongue

Hollywood is currently abuzz about the lawsuit that former Alabama Senate candidate, Roy S. Moore, has just filed against British actor and comedian Sacha Baron Cohen. Mr. Moore is seeking over $95 million in damages for, among other things, defamation after he appeared on Cohen’s Showtime series, “Who Is America?” In the segment, Cohen took a device…

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How does bankruptcy stop an eviction?

eviction on door

If you are struggling financially, then you may fall behind in your rent payments. With New York rents being so high, it is not unusual for a distressed consumer to go into arrears simply to put food on the table. This means that you will eventually receive a notice of eviction from your landlord.  For many filers,…

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Enforcing a child support order after divorce

scales of justice with family

Few things are more distressing for a parent than struggling to support their child financially. Unfortunately, this is a reality for many divorced parents throughout New York State. A child support order was included in the terms of the divorce, but their former spouse is chronically late or even refuses to pay at all, saying…

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Grill brush injuries in New York

barbecue brush

They’re not intimidating to look at, but personal injury attorneys, the media, and even the New York Times are all warning people about the hidden dangers of barbecue grill brushes. Although we’re already well into September, there appear to be a few potential outdoor grilling opportunities left, so it’s worth taking a closer look at…

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Is your pension safe in bankruptcy?

pension

If you’ve decided to file for Chapter 7 bankruptcy, you’re probably worried about how your decision may affect your pension. Is it exempt? Or will it be ‘liquidated’ along with the rest of your nonexempt assets? In New York, the answer depends on what kind of pension you are receiving. While many types are 100%…

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Distracted doctors?

surgeons in the operating room

It’s common knowledge that distracted driving can cause serious injury and death. What’s not as well known is that you can also be at risk on your way to the operating room—even if you’re not the one distracted by your phone. How many times have you walked into a store or restaurant and seen employees…

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Fireworks and boating safety in New York

boating at night

September is a month of celebration across New York. It starts with the Labor Day weekend, when communities everywhere enjoy barbecues, festivals, and fireworks displays, and continues as tourists and vacationers head out to summer cottages near Lake George, Chautauqua Lake, Skaneateles Lake and other bodies of water for one last “hurrah” before closing for…

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August- the month for divorce

august month

We’re in the home stretch where August is concerned. For kids, this is a bittersweet month for two reasons: one actual and one potential. In the first case, they only have a few weeks of freedom left before heading back to school. In the second, they may also be coping with their parents filing for…

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Labor Day accidents to watch for

grill

Holidays are supposed to be fun and games, especially for the kids, but that’s not the way things always turn out. On the Labor Day weekend, in particular, there is ample opportunity for both adults and children to get hurt—from being scarred by an exploding firecracker to falling off a boat and struck by a…

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Could your sunroof explode?

broken sunroof and car

When shopping for a new vehicle in the summertime, many people look for cars that have a sunroof. The appeal is obvious, especially on warm and sunny days: an open rooftop keeps the vehicle fresh and ventilated, provides a source of natural light, and makes for a romantic drive under the stars. Unfortunately, there also…

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Pokemon GO and video game accidents

boy playing video games outside

Pokémon Go is arguably the most popular mobile video game of all time. This smartphone game app enables players to hunt down and capture their favorite Pokemon character in the real world using the same technology that powers Google Maps. Although it has been hailed as a way of getting game-obsessed teens out of their…

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Buying a home as a single parent

hand keys

If a recent divorce has made you a single parent, then you may be tempted to give up your dream of home ownership. You’re living on one income instead of two, making it difficult if not impossible to make a significant down payment. Don’t give up just yet! There are several local and national home…

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Reasons why a personal injury attorney might decline your case

man woman in a consultation

You slipped and fell at your neighbor’s pool party, and now want to sue them. To your surprise, the first personal injury attorney you met with declined your case. Does this mean that you don’t have a case at all? Possibly, but not necessarily. Personal injury attorneys decline cases for any one of a number…

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Why filing your own bankruptcy is risky business

man financial documents

At one time it was relatively common for people to file for bankruptcy without an attorney. They would get copies of the required forms, fill them out by hand, and file their own bankruptcy petitions at the clerk’s office. Afterward, they would appear on their own at the meeting of creditors and, if they were…

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Bankruptcy and the SCRA

soldier and family

Anyone can run into financial difficulties, and members of the U.S. armed forces are no exception. However, because they are tasked with the monumental responsibility of defending the nation, laws are in place to protect them during civil matters like lawsuits, foreclosure, and even bankruptcy.  The Servicemembers Civil Relief Act (SCRA) is a federal law that evolved from…

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How to avoid aggressive driving situations

highway driving

Back in 2009, a marketing and consulting group commissioned a study on aggressive driving across the country. New York City took the top spot for reasons that the state would never acknowledge with pride: New Yorkers were more likely to lean on their horns, make obscene gestures, and wave their fists. Since then, the problem…

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How to announce your divorce

announce sign

There’s something about publicly announcing your divorce that makes everything seem so final. This is it. There’s no turning back. Before announcing such a life-changing event to friends and family, think about what you want to say. Even if the marriage didn’t end on the best of terms, then resist the urge to share the…

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How an ERISA lien can affect your personal injury case

hospital

When you’re injured by someone else’s wrongful or negligent actions, you will likely be stuck with medical bills, most of which will be covered by your health insurance. When you receive a settlement or judgment, however, a certain amount may be due back to your insurer under the Employee Retirement Income Security Act of 1974…

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How to correct errors on your credit report

credit report and score

After you’ve been discharged from bankruptcy in New York, you have the chance to start over. An important part of rebuilding is monitoring your credit report for accuracy and reporting any discrepancies immediately. Black marks on your file can result in denial of credit, higher interest rates, and even lost job opportunities. Unfortunately, credit report…

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The Jones Act and injuries at sea

man sailing boat

You’re a young person who has always loved the sea, so when you got a summer job as a deckhand, it was a dream come true—until you were struck by a falling piece of poorly secured equipment. Thanks to a dislocated shoulder, you’re going to be unable to work for at least a month. In…

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Imputing income for underemployed parents

unemployed

Not long after you and your spouse separated, he was laid off from his job. Now that you’ve filed for divorce, he seems determined to remain unemployed, although he insists that he is actively looking for the “right” job. This scenario happens a lot. To reduce the amount of spousal or child support they might…

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Shark attack injuries in New York? It’s happened before?

shark fin

When you think about shark attack locations, the waters off the coast of New York don’t come immediately to mind. According to the International Shark Attack File retained by the Florida Museum of Natural History, the states with the highest number of attacks are Florida, Hawaii, California, Texas and the Carolinas. This doesn’t mean that…

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What is a reaffirmation agreement?

Bankruptcy Reaffirmation agreement closeup

When you file for Chapter 7 bankruptcy in New York, the goal is to seek relief from all of your debts. There are times, however, when you may want to remain responsible for a particular obligation. This possibility happens when the debt is secured by a significant asset that the creditor could seize if you…

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Compensatory vs. punitive damages

car crash at night

The spring weather has been so beautiful lately that you decided to go for a jog in Central Park. Unfortunately, when you crossed the street to catch the bus, a distracted driver struck you, resulting causing you to break your arm and dislocate your knee. Rather than stop and see if you were hurt, the…

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What do you earn? Self-employment and divorce

self-employed man concept

When a couple divorces or separates, the court looks at their respective incomes to decide how much child support to award or whether spousal support is called for. When both spouses are employees, calculating income is a relatively simple matter of checking W-2s. When one or both parties are self-employed, things get complicated. Statistics show…

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What is an independent medical examination?

medical exam

If you are injured in a car accident and file a claim, whichever insurance company (the other driver’s or yours if you file a no-fault claim) will be covering your medical costs may ask you to undergo an independent medical examination or IME for short. Although you were likely seen by emergency room physicians and…

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Approaching lenders after bankruptcy

credit card offer

Even if they are being called daily by creditors and facing collection lawsuits, many New Yorkers shy away from declaring bankruptcy because they believe doing so will prevent them from ever getting credit again. This is untrue: once the crippling debt load is discharged, you can build your way to a stellar credit score. You…

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What should you do if an insurer asks for a recorded statement?

voice recorder

Three days ago you were leaving the parking lot of the Bay Plaza Shopping Center when another driver who had one hand on the wheel and the other on their phone hit you from behind, causing you to suffer whiplash and a dislocated shoulder. Your doctor has informed you that until your shoulder heals, you…

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Facilitating child custody exchanges

hands

Your New York divorce is over and matters of child custody and parenting time are in place. Now you and your former spouse must prepare to function as co-parents. This includes arranging custody exchanges that work for both of you as well as your children. Custody exchanges can go smoothly, or they can be emotional…

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New York’s first automobile fatality

car

On May 3rd, 85-year-old Olimpia Davidovici was struck at West End Avenue and 70th Street by a Jeep traveling north on West End Avenue. She was rushed to the closest hospital, where she died. People living in the area complained that the area was always dangerous for pedestrians, with cars turning south onto West End…

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Filing for bankruptcy a second time? Here’s what you can expect

credit card scissors

Chapter 7 bankruptcy has helped thousands of New York consumers eliminate crushing levels of debt and reclaim their lives. While most of them realize greater financial solvency after discharge, some people eventually experience debt overload yet again, forcing them to consider filing for bankruptcy protection a second time. Federal law places no restrictions on how…

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Top 3 misconceptions about personal injury attorneys

smiling man with money

A lot of New Yorkers will consult a personal injury attorney at some point in their lives. Every day people throughout the state slip and fall in public places, are bitten by dogs, or injured in a car accident. Although this branch of the law is so widespread and has the potential to touch nearly…

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Can a “sleep divorce” improve your marriage?

beds

Those of us who watched I Love Lucy (or the reruns, anyway) will remember the separate beds in Lucy and Ricky’s bedroom. While this concept will seem prudish and outdated to most couples today, for others it is an arrangement that could help a difficult marriage. A National Sleep Foundation survey carried out in 2015…

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Soft tissue injuries in New York

soft tissue hand

Many types of accidents can result in soft tissue injuries. They include but are not limited to motor vehicle accidents, slips and falls, and pedestrian collisions. These injuries, which affect your ligaments, tendons, and muscles, can be extremely painful and limit your ability to work, especially if you are employed in a field that requires…

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Mistakes to avoid when filing Chapter 7 bankruptcy in New York

COMMON MISTAKES text

When you are filing for Chapter 7 bankruptcy, certain mistakes and oversights can cause your petition to be denied. To help you avoid situations that can prevent you from getting the fresh start you need, five of the most common mistakes are outlined below. Filing at the wrong time. If you have filed for bankruptcy…

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Minors and personal injury settlements

child and nurse

If you are injured in a car accident in New York, then you have the standing to file a lawsuit against the at-fault party or settle with their insurer. A child under the age of 18 is not in the same legal position. They rely on a parent or guardian to protect their rights and…

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When should children testify in family law proceedings?

gavel and figurines

When custody disputes occur, New York judges attempt to resolve the matter without putting the child in the position of having to choose between their parents. In some cases, however, input from the child may be necessary to give the court the information it needs to make the best decision, so a “Lincoln hearing” will…

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Injured by a defective air conditioner?

air conditioner

New York City can be hot in the summertime, but not everyone has central air. If you’re on a budget or your home doesn’t support a central air conditioning system, then you will probably be investing in a window air conditioning unit before the dog days of summer start. When you bring a window air…

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Filing Chapter 7? Avoid these means test mistakes

chapter 7 bankruptcy form

Chapter 7 is the most commonly filed form of bankruptcy. There are two main reasons for its popularity: it is over quickly, with most cases being discharged in three to five months, and it wipes away unsecured debt. The primary drawback is that the trustee can seize any debtor property not protected by an exemption…

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When dirt is dangerous: Toxic mold injuries in New York

mold

Many New Yorkers go apartment-hunting in the spring. It’s also a time when people move into the city from out of state for work reasons, so they arrive ahead of their families to find suitable housing. In either case, they should watch for symptoms of unreported mold contamination. In 2016, a group called the Red…

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Father’s Day tips for divorced dads

father son

Father’s Day is a vibrant celebration of the relationship between dads and their children. Although the reason why Father’s Day is so special does not change after divorce, the way you celebrate the day may be different than the years before. That’s not necessarily a bad thing- you all have an opportunity to share and…

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Fidget spinners: toy or hazard?

fidget spinner and boy

Fidget spinners—those twirling gadgets that mesmerize us as we watch—were originally designed and marketed as a calming treatment for children with ADHD and autism, but they soon went mainstream and have been so popular 200,000 Instagram users have used the #spinner hashtag and videos featuring spinner tricks have earned millions of page views. Some schools…

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Filing for bankruptcy when you live overseas

overseas

You’ve been living in Germany for nearly a year, but have a mountain of debt back home. You also have important property and assets that creditors are threatening to seize if you don’t start paying down the arrears. Even though you live overseas, these creditors can still seek judgments against you and place liens on…

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Calculating lost wages if you’re self-employed

accounting expenses and wages

You were walking through Central Park, enjoying the early spring sunshine when suddenly a cyclist who was paying more attention to the music in their headphones than the path in front of them crashes into you. When you fall, you fracture your right wrist and sprain the other, which prevents you from working at your…

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Who owes MasterCard? Debts in a New York divorce

credit card

When you and your spouse decide to divorce, you expect that all marital assets will be divided according to New York’s equitable distribution system. But what about the MasterCard bill you ran up together? The line of credit you took out a few years ago that is now at its limit? The student loan you…

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Divorcing a deported spouse

map

You married your foreign-born spouse in good faith after the government initiated deportation hearings against him, but two weeks after the marriage, he was deported anyway. For a while you both remained in touch, and you even hired an attorney to help him come back to the U.S. Then he disappeared. No phone calls, no…

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Why debt settlement companies are not the answer

man cuts debt word

How many times have you turned on your TV or radio and heard an ad proclaiming how a particular debt settlement company can negotiate with your lenders to lower your interest rate and reduce your monthly payments. Does it sound too good to be true? Chances are that it is. How debt settlement companies work…

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Staying safe during the Memorial Day weekend

amusement park rides

Memorial Day is drawing ever closer, and while most New Yorkers are looking forward to taking a day off from work and spending an enjoyable time with friends and family, the reality is that the holiday weekend is one of the most dangerous times of the year for accidents. DWI accidents are common The U.S.…

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The most common spring personal injuries

bicyclist and car on street

When the weather grows warmer, people spend more time outside. While the fresh spring breezes are both healthy and uplifting, melting snow and ice create damp and slippery conditions that turn indoor and outdoor surfaces into hazards. Increased car and bicycle traffic and the presence of more dog owners walking their pets also contribute to…

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How to earn extra money as a divorced stay-at-home parent

woman on computer with baby

If you’re like many people, then you had to make a lot of financial changes after divorce. If you didn’t know how to budget before, then you learned quite quickly. Things are especially complicated if you’re a stay-at-home parent. Although you are definitely working full-time, being a parent doesn’t come with the paycheck it deserves.…

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Injured abroad during spring break vacation?

ankle sprained examining

Injuries don’t always happen close to home. They can also occur when we’re traveling for work or pleasure. There’s something about being injured abroad that is especially unsettling. We’re miles from home and possibly dealing with different standards of medical care and even laws that apply to your accident. If you’re planning to go abroad…

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Road rage—An ongoing concern in New York

road rage angry driver

Last November, a van and an automobile had a minor collision at the intersection of Third Avenue and 67th Street in Bay Ridge. The van driver and a 65-year-old man who was a passenger in the car both exited their vehicles and started an argument that ended in the van driver getting back behind the…

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YouTube: Your best friend after divorce

film reel informational

Before divorce, your spouse may have been the one who balanced the household budget, trimmed the hedges, and fixed the occasional leaky faucet. Now that you’re single again, well-meaning friends are probably sending you the contact information for their favorite accountant, landscaper, or handy person. If you’re like most people after divorce, you’ve prepared a…

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E-bike injuries in New York

bike bicycle

The e-bike phenomenon has been strong in Asia and Europe for a long time, and it’s now catching on here in the United States. Electric bikes, or e-bikes for short, are regular bicycles with built-in electrical systems that consist of a motor, battery, and a means of controlling the resulting power. New Yorkers have a…

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How is a personal injury claim evaluated in New York?

computer program

Being injured in a motor vehicle accident is a traumatic experience. You’re likely in pain and stressed out over how you are going to pay your growing medical costs. For many people seeking compensation, they’re additionally upset to discover that a computer is being used to evaluate their claim and decide how much compensation they…

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Is your New York divorce recognized in all states?

country

People today move around a lot more than they used to. If you’re in the U.S. military, then this is especially true. If you were divorced in New York and move to another state for work or personal reasons, will the divorce be recognized there, allowing you to remarry if you meet someone else? Yes,…

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Suing a dentist for malpractice in New York

dental malpractice teeth

In October 2017, a Maine jury awarded Stephen Darnell Jr. close to $300,000 in damages in a clear case of dental malpractice. In 2011 Mr. Darnell’s mouth became infected after Dr. Jan Kippax removed two of his molars, forcing doctors to operate on his jaw and implant drains to remove accumulated pus. His attorneys claimed…

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How does infidelity affect a New York divorce?

infidelity and divorce

You’ve discovered that your spouse has been having an affair for months and feel confused, angry, and betrayed. After a while, you decide that the marriage is irretrievably broken and want a divorce. How will your spouse’s adulterous behavior affect the divorce process? Before 1967, adultery was a major factor in a New York divorce…

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How are windfalls treated in a New York bankruptcy?

money in a bankruptcy case

It almost sounds like a plot from a movie. You file for bankruptcy to deal with your financial struggles. Then, seemingly from nowhere, you become rich. You’ve won the biggest jackpot in history or a wealthy relative who didn’t seem inclined to help you financially in life dies and leaves you a fortune. This sudden…

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New York’s comparative negligence rule explained

rear end collision

When you’re seeking compensation for car accident injuries, you’re going to hear the term “comparative negligence” used a lot. If settlement negotiations fail and your case proceeds to court, the judge hearing your case will have to determine which party is at fault or, if both share the blame, the extent to which each person…

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Payday loans in a New York bankruptcy

payday loans

Many people who have trouble meeting their financial obligations each month turn to payday lenders, especially if credit issues prevent them from obtaining a regular loan from a bank. These companies loan you a certain amount with a high amount of interest, all of which must be repaid in full when your next pay period…

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Product liability claims in New York

blown out defective tire

We rely on certain goods and products to get us through life. Examples include food, medicine, household appliances, cars, and personal computers. Unfortunately, these are all items that injure and even kill thousands of people in the U.S. every year. When this happens, the manufacturers and producers must be held liable for the damages. When…

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In and out parenting? An overview of bird’s nest custody

custody arrangement birds

At first glance, it seems like an unusual custody arrangement. Every two weeks, Sandra packs a small suitcase, kisses her young son and daughter goodbye, and moves out of her Bronx home for three days while her former husband, Joe, moves in. After those three days are up, Joe drives home to Queens and Sandra…

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New York State police drone program kicks off

drone

On January 10 New York State launched its inaugural aerial drone program. The stated goal of the new initiative is to help state police facilitate traffic safety, respond to emergencies such as forest fires and multi-vehicle crashes, and complete key law enforcement functions. Four State Police drones are presently in action, covering eight counties in…

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It’s funny until someone gets hurt: YouTube pranks and personal injury

tablet computer

Reality TV shows oriented around pranks have been entertaining us since the early days of Candid Camera. Today, YouTube is full of channels belonging to individuals who startle, frighten, or embarrass people to attract subscribers and increase their video view count. Many of these pranks are harmless, but occasionally they go too far, and victims…

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How will Chapter 7 bankruptcy affect a general partnership?

bankruptcy word cloud "financial independence"

When two or more people agree to go into business together and do not establish themselves as a corporation, limited liability partnership (LLP), the result is a general partnership. Each partner is personally responsible for all debt arising from the partnership, meaning that if the new enterprise defaults on any of its obligations, creditors can…

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Why you should always have uninsured motorist coverage

car crash scene

According to the Insurance Research Council, an estimated 6.1% of all New York drivers are uninsured. That doesn’t sound like a considerable amount compared to states like Florida and Mississippi, where the rate is 26.7% and 23.7% respectively. However, if you or someone you love is injured in a crash with one of these drivers…

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How will divorce affect a mortgage modification in New York?

mortgage modification application

You are in the midst of a divorce when you receive an ominous notice from your mortgage lender. Due to financial difficulties, you and your spouse have had a hard time keeping up the monthly payments. Now you have a possible foreclosure to deal with in addition to the end of your marriage. If you…

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The “attractive nuisance” doctrine explained

construction site danger

The attractive nuisance doctrine was originally conceived to protect children who may trespass without fully understanding the risks. “Attractive” typically means that children may see the property or object as something to play in or around, such as: Construction sites, with their unfinished buildings, open pits, and trenches. Swimming pools High-voltage lines and towers Abandoned…

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