How Can I Stop Creditors From Harassing Me?
Many debtors who contact our office are not only struggling financially, but they are actively being harassed by creditors. This includes harassment by all forms of creditors or their agents: their original creditors (the party who originally extended credit), debt buyers (companies that purchase delinquent debts), and debt collection companies or law firms (who are […]
How Many Times Can I File For Bankruptcy?
Unfortunately, in life, sometimes there may be financial hardships which could prevent one from being able to pay their bills. As a Brooklyn bankruptcy attorney, many clients ask us, “How many times can I file for bankruptcy?” If you find yourself in a financial crisis after you have previously filed for bankruptcy, your ability to […]
Collection Agency Trying to Collect Discharged Debt
Generally, debt collectors do not attempt to collect on debt after it is discharged in bankruptcy. However, what are a debtor’s rights if someone is trying to collect on a discharged debt? In this blog, we will review a debtor’s options, both inside and outside of Bankruptcy Court, for improper debt collection efforts post-bankruptcy discharge. […]
What is The Means Test in Bankruptcy?
When Congress passed The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (often called BAPCPA), they amended § 707 of the Bankruptcy Code and created a financial eligibility test for debtors looking to file Chapter 7 Bankruptcy. Quite simply, the law imposed a budget test called the “Means Test” to determine if consumers should […]
What Property Can I Keep in Bankruptcy Using the Federal Exemptions?
The U.S. Bankruptcy Code (11 U.S.C. § 522) sets forth the exemptions for different types of property that a debtor can keep when they file a bankruptcy petition. In other words, there are specific rules regarding what property a debtor can keep when filing for bankruptcy. In this post, we list the commonly used federal […]
What Property Can I Keep When Filing For Bankruptcy?
Many people who are considering bankruptcy wrongfully think that they have to give up all their property, personal and real estate, when they file for bankruptcy. Fortunately, this is generally not the case. The Bankruptcy Code allows debtors to keep certain property (both personal property and real estate) when they file a bankruptcy petition. This […]
Can I Keep My Home If I File for Bankruptcy in New York
As a New York bankruptcy attorney, one of the most common questions we hear from prospective clients who own real estate is “can I keep my home if I file for bankruptcy?” Many homeowners are concerned that they will have to sell their home in a chapter 7 bankruptcy proceeding, however in New York, this […]
Can Bankruptcy Stop A Wage Garnishment in New York?
In this blog we will answer the question of whether a bankruptcy stop a wage garnishment in New York. But before we answer the question, let’s look closer at the wage garnishment process in New York. If a creditor has a successfully sued a debtor in court and obtained a judgment, one method of collecting […]
Does Bankruptcy Eliminate Medical Debt?
Medical debt is now one of the most common reasons American consumers file for bankruptcy. An unexpected illness or injury can not only be debilitating to one’s health it can also wreak havoc financially. Medical bills can quickly pile up and get out of hand. For many Americans, bankruptcy can be the only way out […]
How Will Bankruptcy Affect My Job?
When filing bankruptcy many people wonder – how bankruptcy will affect my job? The short answer to this is that in most cases bankruptcy will not affect your current job and in many cases your current employer won’t even be aware of your situation. Will I Lose My Job for Filing Bankruptcy? Under 11 U.S.C. […]