Record Breaking Credit Card Debt
According to a new report by the Federal Reserve Bank of New York, the total U.S. consumer credit card debt is now at all-time high of $1.03 trillion in the second quarter of 2023. According to the report, credit card debt in the United States increased by $45 billion from the first quarter of 2023 […]
Can I Keep My Home If I File for Bankruptcy in New York
A common question we receive from our clients is whether they can retain their home if they file for bankruptcy. The answer to the question of whether a debtor may retain their home in bankruptcy depends upon the amount of equity in their home, the applicable bankruptcy exemptions, and whether they are filing for Chapter […]
Is My Car Protected in Chapter 7 Bankruptcy?
One of the most common questions we receive from debtors who are potentially looking to file for Chapter 7 bankruptcy is whether they can keep a car. The quick and short answer is yes depending upon the facts of the particular bankruptcy case. When filing for Chapter 7 bankruptcy, there are bankruptcy exemptions debtors can […]
Should I Refile My Chapter 13 Bankruptcy Case?
Not every Chapter 13 bankruptcy case is successful. The debtor’s case is sometimes dismissed or withdrawn before the plan is completed. Just because your case was dismissed, it does not mean you should not seek protection again in Chapter 13 bankruptcy again. There are numerous reasons why a Chapter 13 case may fail. Most commonly, […]
OxyContin and the Purdue Pharma Bankruptcy
Earlier this year, the Supreme Court placed a stay on the Chapter 11 bankruptcy plan of Purdue Pharma, the manufacturer of the highly addictive opioid painkiller OxyContin. The justices agreed to hear oral arguments this December for the Biden administration’s appeal of a lower-court ruling approving the plan. There were no recorded dissents at the […]
New Means Test Figures Released by US Trustee (of as November 1, 2023)
When considering filing for bankruptcy, if a debtor earns over the median income for the state in which they live and the majority of debt at issue is consumer-related debt, a means test analysis typically must be performed. The means test is a two-part calculation that determines whether a debtor is eligible to determine if they […]
What are Schedules I & J in a Bankruptcy Petition?
When a debtor files for bankruptcy, they need to disclose details of their financial situation. This is accomplished by filing their petition and schedules with the Bankruptcy Court. Two of the most important schedules that a debtor files with their petition are Schedules I and J. These schedules document the debtor’s estimated monthly income and […]
Are Retirement Accounts Exempt When Filing for Bankruptcy?
When filing for bankruptcy, debtors often ask “what property of mine do I get to keep”? The good news is that in most cases, 100% of a debtor’s property is protected by available bankruptcy exemptions. This will typically include a debtor’s retirement accounts. In this article, we will take a closer look at what is […]
Is Life Insurance Exempt in Bankruptcy?
When a debtor files for bankruptcy, they may protect some and sometimes even all of their assets, provided they are covered by the allowable bankruptcy exemptions. The bankruptcy trustee assigned to a debtor’s case can liquidate or sell a debtor’s non-exempt assets in order to pay the claims from the creditors in a case. While […]
When Can a Mortgage Company Foreclose in New York?
When a homeowner falls far enough behind on their mortgage payments to their lender or servicer, they are at risk of foreclosure. In New York, foreclosure actions typically go through the state court system, and require the filing of a summons and complaint which is then served to the homeowner who is in default. At […]