Bankruptcy law has many twists and turns, and one area of possible distress involves actions taken just before filing your petition. Some actions that are taken just before filing can cause grief, while the same actions taken just after filing are no problem at all. Tax Refund, Bankruptcy and Creditors One area of concern that
What About After I Have Filed For Bankruptcy?
November 15, 2013 By
Once the bankruptcy petition has been filed and you have gone to court, and two months later received your discharge, there are a few things you should know to make sure you get the most benefit from your bankruptcy. If You Forget to Include a Creditor in Your Bankruptcy One thing to be aware of
Should I Reaffirm My Debt in Bankruptcy?
November 4, 2013 By
What is debt reaffirmation? In almost all cases where the debtor has a car loan or a mortgage, the creditor asks that the debt be reaffirmed. Except in rare instances, we strongly recommend against reaffirming any debt. Reaffirming a debt is promising all over again to pay the debt even though it is discharged in
Taking Care of NY Judgment Liens in Bankruptcy
September 11, 2013 By
Taking Care of Judgment Liens in Bankruptcy When someone is sued for a debt in court, the resulting judgment can become a lien on their real property. Becoming a lien means two main things: first, the creditor can actually force the sale of the house to satisfy the lien, though this almost never happens; and
Should I Reaffirm Any of My Debts in Bankruptcy in New York?
August 6, 2013 By
The Bankruptcy Code provides for a procedure known as reaffirmation of debts. This is a way for a debtor in bankruptcy to promise all over again to pay the debt that would have been discharged in bankruptcy. It may seem that it would make no sense to reaffirm a debt that would otherwise have been
Should I Give My Stuff Away Before I File For Bankruptcy?
August 2, 2013 By
There are actions you can take to lessen the impact of filing for bankruptcy, and sometimes we advise clients to take those actions. One thing that never works, however, is giving something away, to a family member or a friend, just before filing for bankruptcy. In fact, doing so within six years of filing does
Are All My Debts Discharged In Bankruptcy?
August 1, 2013 By
The purpose of a bankruptcy filing is to get a discharge from your debts. A discharge means that you do not have to ever pay the debts. However, some debts are not discharged in bankruptcy and this post covers the most important exceptions to the discharge. The first category of non-discharged debts taxes. If you
Mistakes To Avoid When You Are Having Financial Problems
July 24, 2013 By
Debt “Relief” Alternatives When people are having financial difficulties, they often file for bankruptcy with our law office. When they come in for the first consultation we hear many stories of how they were taken advantage of as they tried to solve their problems before they consulted us. The following is a list of some
What Do I Do If Creditors Call After I File For Bankruptcy?
June 17, 2013 By
When you file a bankruptcy petition, your creditors receive a notice that you have filed, and when your case is finished, they receive a notice of your discharge, telling them that your case was successful and that you no longer have to pay your debts. However, there are times when you will still hear from
What If I Forget A Creditor When I File For Bankruptcy?
June 7, 2013 By
As we have noted in previous posts, it is very important to try and list all of your creditors when you file for bankruptcy. However, it often happens that some creditor is left off of the filing and this can be for various reasons. With medical bills it happens because when you end up in
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