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US Health Care Financing System is Broken - Most Bankruptcies Due To Medical Debt »

“The US health care financing system is broken, and not only for the poor and uninsured”  According to a recent study in The American Journal of Medicine, middle-class families are collapsing under the strain of “a health care system that treats physical wounds, but often inflicts fiscal ones”.
The study, (http://pnhp.org/new_bankruptcy_study/Bankruptcy-2009.pdf) claims that 62.1% of all bankruptcies filed [...]

Are There Any Reasons NOT to File Chapter 7 Bankruptcy? Part 2-You May Not Discharge All Your Debt »

Although filing Chapter 7 bankruptcy usually wipes the slate clean as far as most of your debts are concerned, there are some debts that may not be discharged. 
Certain debts, such as most taxes, child or spousal support, and student loans usually survive the Chapter 7 discharge.  Debts incurred through fraud, may also survive the discharge.  And in [...]

Are There Any Reasons NOT to File Chapter 7 Bankruptcy? Part 1 – It May Affect Your Credit Score »

Your Credit Score can be an important asset.  It determines your ability to get credit, and the cost.  It could be a factor in your getting a job, renting an apartment, and purchasing a house or a car.  When you file a Chapter 7 bankruptcy, your credit score will be affected.  In some cases, however, it’s [...]

Dairy Farmers in Crisis Should Consider Chapter 12 Bankruptcy »

Dairy farmers in Upstate New York are facing a crisis.  While the cost of milk at the grocery store continues to climb, the price dairy farmers receive has not.  Farmers are currently receiving $13.33 per hundredweight.  This is $4.25 below the cost of production in New York, even in the most efficient dairy farms.  Even the safety [...]

Is It Possible to Lose My Homestead Exemption in Bankruptcy Court? »

Your homestead exemption is one of the most important benefits you get when you file for bankruptcy.  It protects your residence.  In New York, you can protect up to $50,000 of equity in your home, $100,000 if you file together with your spouse.
You usually get to take the homestead exemption if the property is [...]

How Will Judge Sotomayor Decide Bankruptcy Cases if She Gets to the Supreme Court? »

If 2nd Circuit Judge Sonia Sotomayor gets to sit on the US Supreme Court, she will likely give all parties a fair opportunity to be heard, and ensure that the rights of all parties, debtors and creditors alike, will be respected.  This is the prediction from the Alliance for Justice “Report on Supreme Court Nominee [...]

Does The Stress Over Debts or Mortgage Foreclosure Lead to Suicide? »

Suicide can be a tragic byproduct of the current financial and mortgage foreclosure crisis.  We have all heard of people jumping out of buildings in last century’s Great Depression.  But how many actual suicides or attempts at suicide have occurred because of today’s situation? 
At the National Association of Consumer Bankruptcy Attorneys annual convention in Chicago, [...]

If Chrysler Can File Bankruptcy, Why Can’t I? »

You can.  And maybe you should.
“No one should be confused about what a bankruptcy process means… [It] is not a sign of weakness…”  This is what President Barack Obama said today in discussing the fact that Chrysler is declaring bankruptcy.  Obama said that Chrysler’s bankruptcy was “…one more step on a clearly chartered path to Chrysler’s [...]

New Bankruptcy Court Judge in the Northern District of New York »

Diane Davis was sworn in as Bankruptcy Judge for the Northern District of New York, Utica Division on March 6, 2009. Judge Davis replaces Judge Stephen Gerling, who recently retired.  Judge Davis received her B.A. in Economics and German from St. Lawrence University in 1976 and her J.D. from Albany Law School in 1991. From [...]

NYS Attorney General Andrew Cuomo Intervenes For Consumers in Central NY Bankruptcy Case »

A Central New York Bankruptcy Court ruled that Affordable Furniture Stores in Central New York must reopen to allow customers to pick up furniture that they had already paid for.
Attorney General Andrew Cuomo’s office had received three dozen complaints from people who had discovered the stores were closed in Syracuse, Utica, Rome and Watertown when [...]