The Problems with Online Bankruptcy Petition Self-Preparation
When someone is considering filing for bankruptcy, they may search online for quick and easy answers. One result that may come up is an online bankruptcy petition self-preparation software product or application, as opposed to a bankruptcy attorney. Using an online bankruptcy petition self-preparation company may seem both cheap and easy, but if you look […]
Identity Theft: What to Do If It Happens to You
Recently, of all people, I was a victim of identity theft. That’s right, me, a bankruptcy and consumer protection attorney was a victim of identity theft. My experience has motivated me to share what happened and how I handled it. Approximately 9 million Americans are victims of identity theft every year. Considering how often it […]
What Do I Do After Forbearance in New York
During the Covid 19 Pandemic, many homeowners experienced a reduction in income from either job loss, reduced pay, loss of overtime, loss of rental income, or some combination thereof. As a result, they may have fallen behind on their monthly mortgage payments. According to the National Housing Law Project, of all outstanding single-family mortgages, approximately […]
Caselaw Update: Mortgage Foreclosure Cases & The Statute of Limitations
New York’s Civil Practice Law and Rules § 213 (4) sets forth a six-year statute of limitations for foreclosure lawsuits in New York. Once a mortgage is in default, the holder of the mortgage note (which is typically the lender or another party that was later assigned the note) may accelerate the debt. This means the entire […]
The Consumer Financial Protection Bureau Is Set for New Leadership
In July 2010, the Consumer Financial Protection Bureau (CFPB) was created by Congress as part of the Dodd-Frank Wall Street Reform and Consumer Protection Act. The main purpose of creating the Bureau was to increase the efficiency and accountability of our government by consolidating various consumer financial protection authorities that had existed across several different […]
New York State Court Update
Due to the COVID-19 pandemic, the New York State Court system abruptly closed the courts for most in-person operations in March 2020. On April 19, 2021, Chief Judge DiFiore announced that all judges and court employees will return to in-person operations by May 24. Her announcement stated, “it is time to return to our normal […]
The U.S. Trustee’s Means Test Figures
Updated Effective April 1, 2021 The U.S. Trustee Program, the division of the Department of Justice that oversees the bankruptcy process in the United States Federal Court, recently released updated median income data for each state. These income figures apply to all bankruptcy petitions filed on or after April 1, 2021. They are used to […]
Retail Bankruptcies and The Effects from Covid
If you walk through the streets of New York City, it is quickly evident that the Covid-19 Pandemic has taken not only toll on New Yorkers from a health perspective but from an economic perspective as well. From shuttered stores and restaurants, to the many “for lease” signs in locations that were the once home […]
Remote/Telephonic Hearings in Bankruptcy Court
There has never been a more convenient time to file for bankruptcy. As a result of the Covid-19 pandemic and until further notice, most court hearings and all 341(a) meeting of creditors are being conducted remotely by telephone. The 341(a) hearing is the mandatory court proceeding in which a court-appointed Trustee examines a debtor regarding […]
The Covid 19 Impact on Bankruptcy Filing in New York
While the Covid-19 pandemic continues to speared and surge across the U.S., it has also been causing economic devastation in its path. Surprisingly, although the pandemic with its business lockdowns that has led to record number of unemployed Americans, there has been a significant decrease in bankruptcy petitions filed over the past few months. This […]