The New York Bankruptcy Litigation Blog is authored by Jay S. Fleischman, the Managing Attorney of Fleischman Consumer Law Center, a virtual law firm serving consumers in New York. His blog discusses the latest in New York Bankruptcy litigation.
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In a case presenting facts similar to those in In re Schuessler, 386 B.R. 458 (Bankr. S.D. N.Y., April 10, 2008), in which Chase Home Finance was sanctioned for filing an unwarranted motion to lift the stay, Chase has reportedly entered into a proposed stipulation with the U.S. Trustee regarding...
Before Thanksgiving, a new bankruptcy bill was introduced to the Senate. Its purpose is to help homeowners save their homes from foreclosure during bankruptcy. With an increasing number of people facing unpaid bills and debt collection, legislators are taking action. The proposed bill must be...
When you file for bankruptcy, your goal is a discharge of your debts. However, not everything is covered by a bankruptcy discharge. Though you can expect the vast majority of debt to be swept away, there are a few debts that a person is held accountable for after filing for bankruptcy. Debts that...
The U.S. Bankruptcy Code states that once a debt has been discharged, no attempts may be made to collect on that debt. Unfortunately, it is not uncommon for unethical creditors and collections agencies to continue attempts to collect. There are a few things to be aware of should you ever find...
With more and more companies facing bankruptcy, many employees are worried about their futures. Beyond the question of finding a new job, Americans are concerned about hat will happen to their pensions if their company files for bankruptcy. Once a company files for bankruptcy, pension payments may...
On October 17, 2005, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 was passed in response to increased filings across the nation. The revised law provided stricter guidelines for who qualified for Chapter 7 bankruptcy, added a financial counseling requirement, and increased...
Bankruptcy filings have become more frequent lately. As corporations, consumers, and banks become increasingly tight-fisted with their money, layoffs are also becoming more common and finding work may be difficult. If you were living on a tight budget before the economic crisis, your troubles...
How do you file for bankruptcy? Lawyers will tell it to you in legalese, and most consumer websites are chock full of inaccurate information. This site, however, gets the basics right. If you’re thinking of filing for bankruptcy in New York or elsewhere, give it a read. addthis_url =...
Bankruptcy is not the end of your world. It is a chance to start anew with a better understanding of how to handle your finances. You can buy anything you want after bankruptcy - a car, a home, anything at all. Go out and win the lottery, and it’s all yours. The question isn’t whether...
When you file for bankruptcy an automatic stay goes into effect. An automatic stay means that all creditors must stop any and all attempts to collect the debt you owe them. That means they cannot initiate collection calls or send collection notices. They must stop all garnishments and foreclosures....