As noted recently on these pages by Doug Jacobs, a California Bankruptcy Attorney, a judgment lien against your real property can be removed from the property if the lien impairs an exemption you claim in your bankruptcy.  In New York State, you can only remove a judgment lien against your personal residence.  Your attorney needs to [...]

Popularity: 15% [?]

Throughout the country the number of people filing bankruptcy continues to rise.  In the Northern District of New York, there was a 32.5% increase from 2006 to 2007.  The Northern District of New York encompasses an area from The Thousand Islands and the St. Lawrence Seaway to the Pennsylvania border and from the Finger Lakes [...]

Popularity: 10% [?]

Bankruptcy Judge Robert E. Littlefield, Jr., from the Northern District of New York outlines the rights and responsibilities of Chapter 13 debtors and their attorneys in a recently filed Administrative Order.  After the case is filed, he suggests that:
The debtor agrees to:
1. Keep the Trustee and attorney informed of the debtor’s address and telephone number.
2. [...]

Popularity: 18% [?]

Why should your tax returns be affected if your spouse files a bankruptcy?  If you file a separate tax return from your spouse, there should be no effect at all.  If you file a joint tax return, however, you should be aware of the following:
1.  Your last (if joint) tax return must be sent to [...]

Popularity: 28% [?]

Northern District of New York Bankruptcy Judge Robert E. Littlefield, Jr. recently filed an administrative order outlining the rights and responsibilities of Chapter 13 debtors and their attorneys.  Before the case is filed, he suggests that:
The debtor agrees to:
1. Provide the attorney with accurate financial information and timely provide all requested documentation. 
2. Discuss with the [...]

Popularity: 16% [?]

How will your real property be affected if your spouse files a Chapter 7 bankruptcy?   
-In New York State, which is not a “community property” state, if the property is only in your name, and his name was never on the deed, then his filing Chapter 7 bankruptcy shouldn’t affect the property at all.  
-If [...]

Popularity: 26% [?]

A couple of recent decisions about student loan discharge should give you an idea about the very limited opportunity for a hardship discharge of student loans.  
If you liked that post, then try these…Consumers: Beware The Time Share! Part 3. by Kevin Gipson, New Orleans Bankruptcy AttorneyHow Do I Calculate My Household Size When [...]

Popularity: 27% [?]

Your household size can be a critical factor in determining whether you can file a Chapter 7 bankruptcy case or how much you need to pay in a Chapter 13 case.  Household size is the starting point in figuring out if you are above or below the median income for your state.  The larger the [...]

Popularity: 47% [?]

BAPCPA, the new bankruptcy law requires that random audits be conducted in at least one out of each 250 non business Chapter 7 and 13 cases.  The audits began just over one year ago.  In the first eight months of the audit program, 1631 audits were completed.  Of those, 29% of the cases audited were found [...]

Popularity: 31% [?]

The last date most creditors can file proofs of claim in a Chapter 13 case is 90 days after the first scheduled meeting of creditors. Governmental units get 180 days from the date the petition was filed. Under the new bankruptcy law, BAPCPA, this deadline to file claims is usually after the confirmation [...]

Popularity: 18% [?]