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Bankruptcy

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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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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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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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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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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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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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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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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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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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 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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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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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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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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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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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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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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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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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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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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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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How will Chapter 7 bankruptcy affect your sole proprietorship

past due debt and credit cards

When you start your own business, you’re excited about the future possibilities. Ideally, it will be a success that allows you to support your family and even your future generations. Unfortunately, not every small business meets with success. Debt such as commercial leases, supplier contracts, and business loans can exceed income until bankruptcy is the…

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How will Chapter 7 affect a New York LLC?

pie chart of assets

If you own a New York LLC, you are likely wondering how it will be affected by a Chapter 7 filing. If you are a single-member LLC, will you have to shut the business down? What about the other members if you are part of a multi-member LLC? Like corporations, LLCs are separate legal entities…

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How will Chapter 7 bankruptcy affect a New York corporation

business finances

Many New Yorkers who start their own businesses, alone or with someone else, choose to incorporate. Their personal assets are differentiated from the company’s, offering greater protection, banks are more receptive to lending money to incorporated businesses, and having “Inc.” or “Corp” after the company name enhances credibility and opens up more opportunities. When an…

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Your New York Chapter 13 case has been dismissed. Should you refile?

thinking man, best option

When your creditors are closing in and you’re facing loss of your home, vehicle, and even a percentage of your wages, Chapter 13 bankruptcy allows you to get everything under control without losing assets in the process. Unlike Chapter 7, which may require you to surrender property in exchange for a total discharge of all…

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Who will find out that you filed for bankruptcy in New York?

newspaper notices

Many New York residents who are contemplating bankruptcy worry that their friends, family, and employer will find out, causing them to lose respect and even their job. The bad news is that your bankruptcy filing is a public record, meaning that anyone can look it up—provided they know about it in the first place. In…

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Let this New Year be your fresh start

new years

For many of us, creating and sticking to a budget is a top New Year’s resolution. Mastering the ability to live within your means is especially important if you are in the middle of a Chapter 7 bankruptcy or planning to file, because successful planning can help ensure greater financial success in the future. Here…

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Chapter 7 bankruptcy and Christmas: what’s the solution?

christmas tree gifts

For many of us, the holidays are when budgets go out the window. In 2016, the average American shopper spent $935.58 on Christmas presents, and this year the total will probably go up, thanks to higher-priced gifts and advertisements that make it difficult to resist overspending. For some people, the intention is to spend as…

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Risks of filing for Chapter 7 bankruptcy without an attorney

Many people opt to file for Chapter 7 bankruptcy without assistance from an attorney. Sometimes it is because they feel their cases are simple and straightforward, while in other instances they feel that they can’t afford the attorney fees. While you certainly have the legal right to file for Chapter 7 on your own, help…

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How to get out of student loan default

financial calculation

After nine months of missed payments, your student loan account will fall into default status. That’s when calls from debt collectors start, your credit takes a serious hit, and you potentially face legal action from the company that issued the loan. What can you do to get out of default status and back on the…

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Being “judgment proof” and bankruptcy

income on desk

Should you fail to pay your bills, your creditors can legally sue you for the money you allegedly owe them, but if you are ‘judgment proof’, they may not succeed in collecting it, especially if it is a credit card balance, medical debt arrears, or some other form of unsecured debt. In this blog, we’ll…

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What happens to your investments in a Chapter 13 bankruptcy?

If you are thinking of filing for Chapter 13, then you’re bound to have concerns about any investments you may have. Can creditors like the IRS touch them? Which ones are protected? It’s a complicated area that a New York bankruptcy attorney can clarify for you. 401(k) plans The Employee Retirement Income Security Act (ERISA)…

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Five reasons why New Yorkers declare bankruptcy

five reasons concept balloon

Last year, less than 800,000 people filed for bankruptcy throughout the country. At first glance, that seems like a lot, but in reality the number of filings for 2016 was the lowest for any year since 2006. Although filings appear to be in the decline, thousands of people throughout New York continue to seek bankruptcy…

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What to expect at a 341 meeting

bankruptcy court hearing 341 meeting

When you file for bankruptcy in New York, one of the conditions of a future discharge is that you attend a meeting of creditors known as the 341 hearing, named after a section of the Bankruptcy Code. Your trustee will attend and ask you a series of questions. Although creditors are allowed to attend, none…

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Is this for real? How to tell if a debt collector is legitimate

phone with debt collector concept

What’s worse than being chased by a debt collector? Being chased by a fake one! Across the country, people are being called by scammers who claim to be legitimate debt collectors but who are, in reality, anything but. These fraudsters usually do their research beforehand, accessing your personal information by pulling your credit report, hacking…

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Who are all these people? Parties involved in your bankruptcy

business people

When you file for bankruptcy in New York, multiple parties are involved in the process. You may never even see some of them, but their role remains an important part of your debt relief journey. Let’s take a closer look at who they are and what they do after you file. The bankruptcy judge Although…

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How the Real Estate Settlement Procedures Act can affect your bankruptcy

houses in bankruptcy

When New York homeowners file for bankruptcy in New York, they are typically aware of the protections extended to them by the automatic stay. The calls and letters from creditors and/or third-party debt collectors stop and all official collection actions, such as wage garnishments or lawsuits, are brought to a halt. A comparative few-and even…

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How does bankruptcy affect your security clearance?

security clerarance

If you are active duty military, a government employee, or employed by a defense contractor, then you almost certainly have a secret or top secret security clearance. If financial difficulties overwhelm you and bankruptcy seems imminent, then how will that affect your security clearance? It’s a difficult question because there is no single answer. Security…

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New York military personnel and bankruptcy

Military personnel residing in New York may not be civilians, but they are still people, and as such can struggle financially like anyone else. They are also allowed to file for bankruptcy protection if their debts become unmanageable, but unlike the rest of us, active-duty military members and disabled veterans enjoy certain debt-related protections that…

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Buying a home after a New York bankruptcy

houses

If you are thinking about filing for bankruptcy, then you may be wondering if you will ever be able to buy a home before the filing disappears from your credit report (10 years for a Chapter 7, seven years after a Chapter 13). The answer is a definite yes, but you should generally wait a…

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Social media and bankruptcy: What to avoid

social media concept

Remember the time you were so proud of that new vacation home or sports car that you showed it off on every social media outlet that you have? Doing so could have serious consequences for you if you file for bankruptcy in the future, even if you’re completely honest. The most common forms of bankruptcy…

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Common issues clients must overcome when filing bankruptcy

warning sign

If you’ve decided that bankruptcy is the best solution to an overwhelming debt problem, you don’t want mistakes and missteps to prevent you from getting the relief you need. Below are some of the activities and transactions that may result in your petition being refused, as some debtors employ them to minimize the negative effects…

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Takata files for bankruptcy

accident with airbag deployment

The Japanese company behind one of the worst automobile safety scandals has filed for bankruptcy. Airbags have been instrumental in minimizing the injuries of automobile drivers and passengers, but once the danger presented by Takata airbags became known, the National Highway Traffic Safety Administration (NHTSA), the federal agency responsible for automotive safety in the United…

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Filing a joint vs. individual chapter 7 bankruptcy

legal consultation with two people

If you are married and considering Chapter 7 bankruptcy as a debt crisis solution, then you and your spouse will have to discuss whether you want to file a joint petition, file your own separate cases, or have one of you file alone. There is no right answer that applies to all couples equally—it all…

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What are unclaimed bankruptcy funds?

money

When a debtor declares bankruptcy to eliminate their unsecured debts, the logical assumption is that their creditors practically line up to claim a share of any proceeds from liquidated assets or payment plans. Believe it or not, there is a large amount of “forgotten” cash being held by the federal court system, most of it…

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Chapter 9 bankruptcy

bankruptcy law book

Chapter 9 bankruptcy is specifically structured to address the needs of financially distressed municipalities, which can include a broad range of government entities such as: Towns Cities Counties Taxing districts School districts Chapter 9 allows these entities to reorganize their debts, extend repayment timelines, reduce the principal / interest, or obtain refinancing. In order to…

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Title III bankruptcy: What it is and how it works

bankruptcy law

Hounded by creditors and low on financial resources, Puerto Rico recently filed a Title III petition in federal court. This is apparently the first time that an American state or territory has sought this type of relief from a crushing debt load (in this instance, $74 billion to creditors and over $40 billion in pension…

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Bankruptcy and child support

money bill

Imagine this scenario. Your ex has been ordered to pay you child support after your New York divorce, and she does—approximately half the time. As the months pass, many payments are missed and the amount of back child support due to you increases. Then you find out that she has just filed for bankruptcy to…

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What is Chapter 20 Bankruptcy?

When you file for Chapter 13 immediately after receiving a Chapter 7 discharge, it is known as a Chapter 20 situation. Its intended purpose is to allow you to discharge your unsecured debts via a Chapter 7 and then catch up on nondischargeable debts such as taxes and your mortgage in a Chapter 13 repayment…

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How many times can you file for bankruptcy in New York?

bankruptcy petition chapter 7

If you’ve already filed for bankruptcy once in New York, can you file again? The short version of the answer is, “yes.” But how long you have to wait before you may do so depends on what chapter you originally filed, which one you intend to file this time, and whether or not your first…

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Filing for Chapter 7 bankruptcy? Here’s what you can keep

exempt sign bankruptcy

Chapter 7 is often referred to as the “liquidation bankruptcy” because it wipes out most, if not all, of your unsecured debts. This fact, combined with the relatively short duration of a typical filing, motivates a lot of people to use Chapter 7 to get a fresh financial start. There is a potential downside, however.…

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The bankruptcy means test: What it is and how it works

bankruptcy petition chapter 7

When you are struggling with more debt than you can handle, Chapter 7 bankruptcy can give you the fresh start you need. Unless they have significant assets that they stand to lose in this liquidation-type bankruptcy, most debtors prefer to file Chapter 7 because all unsecured and nonexempt debt is eliminated, there is no limit…

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Filing for Chapter 7 bankruptcy as a business

business bankruptcy chess concept

You started your small business with the best intentions, but thanks to a competitive marketplace, reduced consumer spending, and difficult economic climate, the once-promising venture is now drowning in debt. Could bankruptcy—specifically, Chapter 7—resolve your difficulties? It’s possible, but it also depends. What type of business is it? Chapter 7 bankruptcy will only eliminate dischargeable…

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Reasons the court might dismiss your bankruptcy case

dismissed

When you file for bankruptcy in New York, your case will have one of two outcomes: discharge or dismissal. What happens in your instance will depend on whether or not you fulfill the requirements imposed upon you by the bankruptcy court. In a Chapter 7 bankruptcy, you are required to do the following: File accurate…

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The means test in a New York bankruptcy

bankruptcy eligibility

When you want to file for Chapter 7 bankruptcy in New York and your income exceeds the state median for your household size, you are required to pass the means test. Its purpose is to prevent higher-income filers from taking advantage of the system and opting for Chapter 7 when they are capable of repaying…

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Social security disability and bankruptcy

bankruptcy consideration

When disability benefit recipients investigate bankruptcy as a debt solution problem, they are naturally worried about how a filing will affect their income. How much of an impact bankruptcy has on your disability payments will depend on which chapter you file and how the payments are structured. Social Security Disability Insurance (SSDI): Bankruptcy laws generally…

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When debt collectors call after your discharge

calling from debt collectors

When you file for bankruptcy in New York, all of your listed creditors are provided with a notice of your filing. They also receive notification of your discharge once you successfully complete all of your bankruptcy obligations. There are, however, occasions when debt collectors will attempt to collect a debt that was included in your…

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What debts cannot be discharged in a New York bankruptcy?

debt receipts

When you’re overwhelmed by debt and unable to pay it within a reasonable time from, bankruptcy may appear to be your only solution. In most instances, filing can give you the relief that you desperately need… depending on what debts you are struggling with. With Chapter 7, you may have to liquidate non-exempt assets to…

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Life after a New York bankruptcy

When people consider filing for bankruptcy in New York, one recurring question is, “Will I ever get credit again? Be able to buy a house? Get a car lease on favorable terms?” The universal assumption seems to be that after you file, you lose any chance of being able to benefit from the advantages that…

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Personal injury awards in a New York bankruptcy

bankruptcy laws

If you’re considering filing for bankruptcy in New York and have recently received an award or settlement in a personal injury case, then you may be wondering if it could be forfeited. The answer is: it depends. Any money you have, whether it was received as part of a personal injury settlement or awarded at…

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Zombie debt

caught in debt

Although it sounds like the title from a bad movie, zombie debt is a real problem for modern consumers. It refers to a financial obligation that has been charged off or otherwise removed from a creditor’s books because the lender could not afford to pay it or could not be located. The majority of creditors…

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Self-employed and filing for bankruptcy in New York

self employed

When you are an independent contractor or the sole proprietor of a New York business, you may take more financial risks to get your business off the ground and keep it going during times when clients are few and far between. Sometimes these risks pay off, while other times they may send you so deep…

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How to conduct yourself prior to filing for bankruptcy

credit card debt

A New York bankruptcy can give you the fresh start that you need-if you don’t conduct yourself improperly prior to filing. There are certain actions and omissions that can have an irreversible impact on the success of your bankruptcy and prevent you from being successfully discharged or even able to file in the first place.…

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Meeting with a New York bankruptcy attorney: What to expect

When you’ve scheduled a consultation with an attorney to discuss a New York bankruptcy, it’s normal to wonder what to expect. Although every bankruptcy attorney has their own approach, there are questions and discussion topics that appear in the majority of first meetings.  There are also documents you should bring that will make the whole…

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Common myths about New York bankruptcy

Bankruptcy myths

Although bankruptcy can give them the fresh financial start they desperately need, many New York residents refrain from filing because they have been discouraged by certain myths. To dispel these assumptions, it is important to understand what the bankruptcy process consists of and how it does -and does not- affect their ability to earn a…

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Pensions and bankruptcy in New York

pension concept

Many people who are preparing to file for Chapter 7 or Chapter 13 bankruptcy protection in New York worry that they will lose their New York State pension and other retirement assets. The reality is that in practically all cases, you will be able to keep your retirement accounts. New York bankruptcy exemptions are quite…

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Filing for bankruptcy if you live in another country

Financial difficulties can hit anytime and anywhere, which means that when circumstances make it advisable for you to file for Chapter 7 or Chapter 13 bankruptcy, you could be living and working outside of the United States. Does this mean that you can’t file here? Not quite. But there are certain requirements that must be…

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What if a relative dies in a New York bankruptcy?

bankruptcy court sign

When someone we love passes away, we grieve and celebrate their lives at a funeral or memorial session. Then we move on with our own futures. But if you are one of that person’s heirs and he or she died while in the midst of a Chapter 7 or 13 bankruptcy, then the estate distribution…

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Unpaid college tuition in a New York bankruptcy

tuition money

Although Chapter 7 bankruptcy discharges most unsecured debts, student loans are a significant exception. Anyone who has attempted to be relieved of this often-staggering financial burden will say that it’s next to impossible. Before 1976, education-related debts could all be discharged via bankruptcy. This, predictably, resulted in scores of students amassing debt for higher degrees…

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Effects of bankruptcy on co-signers in New York

co-signing

If you are considering a New York bankruptcy and have guarantors or co-signers on any or all of your debts, then you may wonder how filing may affect them. Once you are officially bankrupt, doesn’t it mean that your creditors will now go after the people who guaranteed those debts? These are usually family members…

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Personal injury awards and bankruptcy: What does the law say

bill in bankruptcy

When you file for personal bankruptcy in New York, you have the ability to exempt certain assets: in other words, protect them from your creditors. Personal injury awards and settlements up to a certain amount fall within this category, but the amount covered depends on whether you opt for the New York state or federal…

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Can you keep a credit card in a New York bankruptcy?

New Yorkers often wonder if they can keep a credit card after filing for bankruptcy, particularly if the card has a zero balance. On the surface, it seems like a counterintuitive wish. Consumer bankruptcies are intended to eliminate credit card bills and other debt so that they can have a fresh start. Yet they worry…

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Bankruptcy and apartment rentals in NYC

If you rent an apartment in New York and intend to file for bankruptcy, you may wonder how the decision will affect your lease. The answer is: it depends. If you have a standard lease and have been paying your rent on time as of the date you file, there will be no negative repercussions.…

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Student loans and bankruptcy in New York

student loans - bankruptcy

Student loans have always been one of the most difficult, if not impossible, debts to discharge in a bankruptcy. A 2005 change to the U.S. Bankruptcy code even classified private student loans as “non-dischargeable,” placing them on a level with child support and tax liabilities. There is a remote chance that you can discharge your…

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How bankruptcy affects foreclosure in New York

mortgage

In times of extreme financial difficulty, many people fall behind on their mortgage payments. In some instances, the mortgage company or lender will work with the homeowner by modifying the terms of the loan or facilitating a short sale, but other times they will start the foreclosure process, which entitles them to repossess the house…

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The Fair Debt Collection Practices Act

The Fair Debt Collection Practices Act (FDCPA) is a consumer protection law that restricts what third party debt collectors can say and do while attempting to collect a debt. If a collection agency conducts itself in a way that violates an indebted consumer’s rights, that consumer can file a lawsuit against the company within one…

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Mortgage issues and bankruptcy in New York

When homeowners experience financial difficulties, meeting their mortgage obligations may eventually become impossible. For many of them, bankruptcy is an opportunity to get a fresh start by discharging all non-exempt debts or organizing them into an affordable payment plan. Each type of bankruptcy treats mortgage debt differently, however, so it is important to evaluate all…

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The Fair Credit Reporting Act

The Fair Credit Reporting Act (FCRA) is a federal law that governs the actions of credit reporting agencies (CRAs) such as Experian, Equifax and TransUnion, and the individuals and businesses that supply the information used to compile your credit report. It also dictates the following: What the CRAs, creditors, and other authorized parties can (and…

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Dealing with debt collectors

debt collection

When you are officially discharged from Chapter 7 or Chapter 13 bankruptcy in New York, you have every right to assume that you’ve gotten a fresh start financially. Therefore, it can come as a shock when a debt collector calls -again and again- about a debt that was included in your bankruptcy filing. With few…

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Credit card debt and bankruptcy in New York

The average credit card debt in New York state is approximately $6,390. For some, that can be managed. But if you are experiencing financial difficulties, it may be beyond your ability to cope with, especially if you have high-interest credit cards that make paying down the principal impossible. Credit card balances are unsecured debts, so…

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Chapter 13 bankruptcy explained

chapter 13 bankruptcy Plan

Chapter 13 has often been referred to as a wage earner’s bankruptcy plan, because those who file must earn a regular income and be able to prove to the court that they can repay some or all of their debts. Unlike Chapter 7, which can eliminate credit card bills, unpaid medical accounts, outstanding utility balances,…

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Chapter 11 Bankruptcy

going bankrupt

Chapter 11 bankruptcy is usually filed by financially-troubled businesses. These companies, which are forced to seek help in the bankruptcy courts, run the gamut from small neighborhood stores to mega-corporations like United Airlines and General Motors. Under Chapter 11, the indebted company’s assets, debts, and business affairs are reorganized in a court-approved plan. These plans…

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Chapter 7 bankruptcy explained

Chapter 7 is by far the most commonly filed form of bankruptcy in the United States. According to the Administrative Office of the U.S. Courts, there were 596,867 filings in 2015, compared to 306,729 people who filed Chapter 13. Often referred to as the “fresh start” bankruptcy, Chapter 7 discharges nonexempt debt such as: Credit…

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How can a serious diagnosis impact your financial situation?

There are many different implications for your life if you receive a serious medical diagnosis, particularly if this diagnosis is cancer. You may be feeling shock, confusion, grief, and an array of other emotions as you attempt to cope with this situation. Financially, even with solid health insurance, it can be overwhelming and confusing to…

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Should I try a debt consolidation loan before bankruptcy?

Filing for bankruptcy is a serious decision, and it is worth your time to consider all your options before speaking with a New York bankruptcy attorney. That being said, there are plenty of advertised “solutions” out there that may not actually help you recover from a serious debt situation. In these cases, it is better…

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How to handle financial problems after a job loss

One of the leading reasons that individuals consider filing bankruptcy and moving forward with filing for bankruptcy is job loss, according to research published on Investopedia. Whether your job loss situation is due to your own decision to leave the position or the company’s decision, suddenly losing your income can be catastrophic. This is particularly…

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Is my credit ruined for life if I file bankruptcy?

credit score post bankruptcy

Once you have made the decision to file for bankruptcy and set up a meeting for New York bankruptcy attorney, it’s time to bust through some of the common myths associated with this practice of discharging your debts. One of the biggest misconceptions about bankruptcy is that it ruins your credit for the remainder of…

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Can I sell my exempt property prior to bankruptcy?

house in bankruptcy calculation

Individuals facing bankruptcy and other financial challenges may be curious about whether or not they are entitled to sell particular assets. This boils down to a basic question of whether or not the property is exempt. Before disposing of any assets if you are considering bankruptcy, set up a meeting with an attorney so that…

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What to do when debt consolidation does not work for you

debt in bankruptcy person

You may have made the effort to go through debt consolidation or credit counselling in the hopes that it would repair your current financial situation. However, it can be even more frustrating when you emerge from debt consolidation without any significant progress forward. Many individuals considering filing for bankruptcy in New York are doing so…

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Handling a financial disaster after a major medical event

medical debt

A medical emergency can have significant ramifications for your life, particularly in the form of financial consequences. Did you know that medical expenses are one of the leading causes of bankruptcy across the United States? This is because even when you have health insurance, a sudden and expensive medical procedure can set you back for…

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How to overcome negative emotions prior to a bankruptcy filing

Many individuals who have tried all of their methods and have not been successful feel a broad range of negative emotions associated with the decision to file bankruptcy. Even after meeting with a knowledgeable New York bankruptcy attorney, you may have questions and residual emotions about your decision to move forward. Despite the challenges you…

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Will I ever be able to buy a house again after I file for bankruptcy?

houses in bankruptcy

One of the most common questions asked by individuals who are contemplating bankruptcy filing in New York has to do with how this will impact their future over the long run. While many people are familiar with the short-term consequences of filing for bankruptcy like difficulty obtaining credit and an impact on your credit score,…

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