Peter Orville is a bankruptcy lawyer in Binghamton, located in the Southern Tier of New York. He is a member and New York co-chair of the National Association of Consumer Bankruptcy Attorneys.

 

Author: Peter Orville, Binghamton Bankruptcy Lawyer

27 Nov Stop Creditor Harassment, Foreclosure, Garnishment? File Bankruptcy!

Filing a bankruptcy petition is not for everyone. But if you are facing foreclosure, are being threatened with having your wages garnished or receiving harassing phone calls from creditors you should seriously consider bankruptcy. Most experienced consumer bankruptcy attorneys will be able to review your situation...

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31 Oct Does it Make a Difference if I File Bankruptcy Tomorrow or Today?

If you wait to file a bankruptcy petition until tomorrow instead of filing it today, it may make a huge difference. Sure, today is Halloween, but that is not the reason it could make such a difference what day you file your bankruptcy case. Timing could be everything. If your income is above the median income for your household size in your state, you must complete a “means test”when you file your bankruptcy petition. To determine whether you are above or below the median income, your gross income for the six month period prior to the month you file bankruptcy is considered. So if you file today, October 31, the six month period under examination is April through September. If you file tomorrow, November 1, the six month period excludes April but adds October. If you get the exact same paycheck each payday, this won’t make a difference. But what if you got a lump sum bonus or (like one of my clients who filed their case today) a retroactive pay raise in one of your October paychecks? In that case, you could be under the median today, but well over it tomorrow.
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26 Oct Should I Be Worried About Going To My Meeting of Creditors?

After you file a bankruptcy case, you are required to attend a meeting of creditors. This is scheduled for about a month after your petition is filed, and is usually the only appearance you will need to make during the bankruptcy process. Should you be...

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29 Aug Bankruptcy Petition Schedules Reveal Your Basic Information

Filing a bankruptcy petition is a process in which you disclose important information about your assets, your debts and your income and expenses. Anyone looking at your petition can usually see all they need to know about your financial condition by studying your bankruptcy schedules. Who will be looking at your bankruptcy schedules? Your bankruptcy petition is public information, accessible and available for anyone to view. Usually, however, the only ones who will study your schedules include the trustee assigned to your case, the United States Trustee’s office, and any creditors who care to.
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28 Aug Farm Bankruptcy Relief – Would You Qualify for Chapter 12?

Chapter 12 bankruptcy is debt relief for family farmers. It allows these farmers to reorganize their debts and save their farms and their way of life. But who qualifies as a “family farmer”? The bankruptcy code gives some guidelines, but does not always make it clear. Large agri-businesses do not qualify for Chapter 12. A family that grows a small vegetable garden in their back yard probably does not qualify. Among other factors, a family farmer is one who gets at least 50 percent of their gross income from their farming operation. But what does that mean?
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