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Free Bankruptcy (Course)!
As a result of the COVID-19 pandemic, lots of people are struggling. Business have been ordered to close. In order[...]
Bankruptcy vs. Debt Consolidation: You Could Try To Hide and Forget About Your Debt. Here’s A Better Plan.
When many of my eventual clients first meet with me about bankruptcy, they want to know about other options to[...]
NYS is business is being “PAUSED.” What is “essential business” under NYS Pause Order??
As you may be aware, New York City has seen both state and local governments issue orders within the last[...]
During the Coronavirus outbreak, are there evictions happening in NYC?
As a result of the Coronavirus outbreak that the world is facing, NYC has been responding by implementing measures to[...]
How to Get Answers to Legal Questions When You Are a Small Business Looking for Free or Cheap Legal Help
Most every lawyer I know, including myself, tries to schedule out their day. Inevitably, though, and especially if you're running[...]
I’m a tenant and I previously paid a broker fee. Can I get back the broker fee I paid?
In the last few days, several stories came out in major news outlets that identified information released by the New[...]
Are there income limits in bankruptcy?
If you're dealing with debt, then you might be interest in learning more about whether you can file for bankruptcy.[...]
How much notice must I give a tenant that I want to evict?
Eviction cases are very procedure-heavy. That is, a successful case often hinges on whether or not you followed all of[...]
Can I file for bankruptcy to include a repossessed car?
When I think of buying a car, I think of it as a fun experience. When you find the car[...]
Courts are Applying the “New” Predicate Notice Law to Old Cases
In mid 2019, the New York State Legislature passed sweeping legislation which affected all kinds of housing laws and regulations[...]
New Law will make it much more difficult for landlords to evict tenants
If you ask any landlord in NYC that's had to evict a tenant in the past, and they'll probably share[...]
What to look for when buying or selling a business in NYC
Businesses make the world run.  They are assets that give rise to jobs, money, innovation, growth – any number of[...]
Who can bring an eviction case in NYC?
If the landlord is also the owner of a house, there isn't much of a question as to who may[...]
Can I Evict a Family Member in NYC?
Landlord-tenant disputes come in all shapes and sizes. A very interesting circumstance is when a family member is looking to[...]
Tenant’s Guide to Vacate an Apartment
I receive quiet a few calls and inquiries from tenants asking about their rights or potential issues when they are[...]
How to Evict a Section 8 Tenant?: A Complete Guide
The Section 8 rental assistance program helps tenants afford housing by providing a rent voucher. The program is administered federally[...]
Can a Tenant Be Evicted If Someone is Living in an Illegal Basement?
When it comes to landlord-tenant issues, very few places in the United States, or possibly even the world, are as[...]
What to expect during your free consultation with a Landlord-Tenant Lawyer
If you need to speak with a landlord-tenant lawyer, then you're probably dealing with an eviction.  Whether you're a landlord[...]
How Chapter 13 Bankruptcy Works in Queens and Brooklyn
Bankruptcy cases fall under the Bankruptcy Code, 11 U. S. C. Section 101, et seq.  This is federal law.  Notwithstanding,[...]
How Chapter 7 Bankruptcy Works in Queens and Brooklyn
Bankruptcy cases fall under the Bankruptcy Code, 11 U. S. C. Section 101, et seq.  This is federal law.  Notwithstanding,[...]
Getting Sued by a Landlord for Breaking Your Lease Early? Maybe Not
When most people rent an apartment, there's generally a lease involved.  A lease is a written agreement that offers security[...]
Can a landlord collect rent if the house is in foreclosure?
While the number of homeowners facing eviction has been reduced in recent years as cases have been resolved, there still[...]
How Evictions Work: The Eviction Process in NYC from Beginning to End
Commercial tenants have interests that are significantly different from residential tenants.  Whereas no one wants to be uprooted and have[...]
How much does it cost to file bankruptcy?
When you're dealing with debt, you may feel that you're in tough and lonely place.  Debt takes a heavy toll[...]
Can I file for bankruptcy if I use my home for AirBNB?
Filing for bankruptcy as a homeowner can be a frightening thought because, well, you don't want to lose your home. [...]
When you have debt, what to do: Debt Consolidation or Bankruptcy
If money is tight for you, and you're struggling with your debt, you may be looking to take action.  Bankruptcy,[...]
I received a wage garnishment. Can filing for Bankruptcy help?
You get home and check your mail when you notice a discreet envelope from a marshal’s office that says “Personal[...]
In bankruptcy, is there a difference between a “debt” and a “claim”?
Legal cases often hinge around very fine, technical distinctions between words.  This is one of those times.  In this article,[...]
Should a Landlord Enter Into a Settlement in an Eviction Case?
In my practice, when I handle eviction cases, I generally represent landlords looking to evict a tenant and recover possession of[...]
Can I discharge a credit card debt that was incurred to pay taxes?
As the tax return season is in full swing, many people have already filed their returns and, unfortunately, may owe[...]
What happens if you fail to turnover property in bankruptcy? You could lose your discharge!
When a bankruptcy case is filed, the goal is to keep the debtors with as much of their property as[...]
Bankruptcy Gets a Little Tougher for Debtors Trying to Get a Vehicle Back
Many people file for bankruptcy because they may have defaulted on their car loan.  Often in such cases, the creditor[...]
If I File for Bankruptcy, Can I Keep My Tax Return Refund?
Question: What happens to my tax return if I file for bankruptcy? ​It’s tax time, which means you’re excited about[...]
Single Mother Wins Discharge of Student Loans in Bankruptcy Court
As I've commented before (such as here and here), the student loan issue is something that should be receiving plenty[...]
CAUTION: In a NY Bankruptcy, an asset may lose it’s protected status without you realizing it
For most people, bankruptcy cases are "successful" versus "unsuccessful" depending on whether they can keep most, if not all, of[...]
In Bankruptcy, Creditor Must Prove Sufficient Fraud Facts to Have a Debt Declared Nondischargeable
Bankruptcy can offer debtors incredible relief when successful.  Debtors that may have overextended themselves, but then came under hard financial[...]
How-To: NYC Landlord’s Guide to the Non-Regulated Holdover Evicton
Real estate in NYC is a challenge.  It's a challenge for tenants looking for affordable housing.  It's a challenge for[...]
Avoid Judgments against Property in Bankruptcy (Equity not required!)
One really powerful goal that people (particularly homeowners) can try to accomplish in a bankruptcy case is "avoiding liens."  When a[...]
FORECLOSURE MODIFICATION PROGRAM ENDING SOON! ACT NOW TO TRY AND SAVE YOUR HOME!
If you or someone you know is facing foreclosure, the time to act is now.  The HAMP program (Home Affordable[...]
If makes fraudulent transfers after a judgment is issued, does that make the debt nondischargeable in bankruptcy?
Fraudulent transfers and preference payments are some of the more regularly litigated matters within a bankruptcy case.  A fraudulent transfer[...]
Tax Debt is Discharged in Bankruptcy because IRS May Have Lost Tax Return!
Tax debts are one of those tricky things in bankruptcy where if everything wasn't done right, then the debt doesn't[...]
Must a debtor reaffirm a secured debt to avoid foreclosure and eviction?
The intersection between foreclosure and bankruptcy is pretty heavy.  Over the last ten years, as people have resorted to bankruptcy[...]
An Airline Pilot Tries to Get His Student Loans Discharge . . . and Loses
Student loans are a hot topic in the bankruptcy world right now.  With reports indicating that student loan debt has[...]
A Federal Appeals Court Ruling That Companies Can Fire Employees for Having Dreadlocks was Appropriate
The Court of Appeals for the Eleventh Circuit recently issued a 3-0 decision affirming a dismissal of a complaint which[...]
Debtor Gets Student Loans Discharged in Bankruptcy Case!
[huge_it_video_player id="9"] In a prior post, I reviewed a case where a husband and wife couple in Arkansas had a bankruptcy[...]
Discharge of Student Loans DENIED in Arkansas
[huge_it_video_player id="8"] Ahhh, yes.  For those of us that incurred student loans, what we would do to get rid of[...]
4 Tips to Help Plan What to Wear to Your Bankruptcy 341 Meeting
It's a question that every bankruptcy attorney gets asked.  It's also something that's so simple and often overlooked, but can[...]
Does Bankruptcy Automatic Stay Stop Child Support Proceedings?
[huge_it_video_player id="7"] People file for bankruptcy for many reasons.  Often, one pressing reason is to get a stay of some[...]
3 Things to Ask Bankruptcy Lawyer Before Choosing One to Represent You
[huge_it_video_player id="6"] For most people that think about it, the decision to file for bankruptcy is not an easy one.[...]
Foreclosure Mortgage Servicer to Defend Alleged Violation of FDCPA
[huge_it_video_player id="5"] A mortgage servicer's motion to dismiss a consumer protection complaint in Florida was denied.  This case is representative[...]
Is Avoiding Payment of Debt ‘Bad Faith’ in a Bankruptcy Case?
[huge_it_video_player id="4"] Bankruptcy is a tough space.  People and businesses don't want to file.  Creditors don't want debts owed to[...]
What happens if I file for bankruptcy and then change my mind? This is one court’s analysis
[huge_it_video_player id="3"] Generally, when someone files a chapter 7 bankruptcy case, they rise or fall with their case.  There is[...]
Reverse Mortgage 101: What you should know by Bankruptcy Law Network
[huge_it_video_player id="2"] Recently, I've received a host of questions from folks inquiring about reverse mortgage. Reverse mortgages, generally, are designed[...]
Bankruptcy Debtors Should Not E-Sign Their Papers, says Bankruptcy Court
Technology is making communicating with each other so much easier.  We can call almost anywhere, text, stream live video.  In[...]
Bankruptcy FAQ: Can I Possibly Be Arrested for Outstanding Credit Card Debt?
Myths abound when it comes to what creditors may do when it comes to collecting their debt.  For sure, there[...]
Another Decision Limiting the Dischargeability of Tax Liability!
The discharge of tax liabilities can often be a big factor in someone's decision to file for bankruptcy.  If you[...]
Homeowners: Keep mortgage servicers accountable in foreclosure cases
For the many homeowners that have had to deal with foreclosure, or are currently dealing with foreclosure, there is a[...]
Bankruptcy Discharge Injunction is NOT applicable to Nondischargeable debts (Confusing, I know)
People that file for bankruptcy often expect two things: the protection of the automatic stay when filing, and then the[...]
Being Misleading in Your Bankruptcy Case May Cost You Your Porsche
Bankruptcy courts are fairly liberal in allowing a debtor who has filed a chapter 7 case to convert it to[...]
Bankruptcy Protections Eaten Away by Court Decision (but also bad move by attorney)
Anyone who has filed or is thinking about filing for bankruptcy knows that filing for bankruptcy does two things: (1)[...]
If you file for bankruptcy, are you harmed if YOUR attorney doesn’t go to court with you?
Any attorney who practices consumer bankruptcy has the contact of information of several "appearance" attorneys.  When I go to 341[...]
Using Bankruptcy to “Strip” Liens on Investment Property
One of the great tools bankruptcy provides is the ability to avoid undersecured and wholly unsecured liens (often referred to[...]
The beauty (and the ugly) of a chapter 13 bankruptcy, as experienced by a lawyer
I was in court this morning for a case of mine.  It was scheduled for the dual purpose of confirmation[...]
Debtor’s Bankruptcy Discharge Revoked for Failure to Turnover Inheritance
Bankruptcy relief is pretty extraordinary, when you think about it.  You can file a case that, if properly done, terminates[...]
Are foreign student loans dischargeable in bankruptcy?
People are becoming more and more aware that student loan debt is becoming a HUGE problem.  With many college and[...]
Inquest for NYC Landlords: What to do with a default judgment against a tenant
In NYC, hundreds of Landlord-Tenant cases are scheduled each day.  Comparable to debt collection lawsuits, many tenants fail to show[...]
How You Can Use Bankruptcy to Discharge Divorce-based Debts
Often when reading a news story concerning bankruptcy, it's framed as a debtor having hit "rock-bottom" in their finances, or[...]
Case Review: Lawyer gets his student loans discharged in bankruptcy!
You never know what it's like to walk in someone else's shoes.  If I asked your thoughts on a 56[...]
Case Review: Can I file for bankruptcy and keep an expensive car I’m paying for?
This question often comes up when prospective debtors are consulted about bankruptcy.  They are struggling with credit card debt and[...]
Case Review: In NYC, a late-filed tax return may result in tax liability being non dischargeable in bankruptcy 🙁
One reason people file for bankruptcy relief is to have tax liabilities discharged.  Tax liabilities may often be assessed several[...]
US Supreme Court Denies Review of Student Loan Case
The US Supreme Court has declined to review a student loan case that would have presented the question as to[...]
Case Review: Judge tells Louis Vuitton that sometimes it’s better “to smile or laugh than it is to sue”
Parties seek the protection of intellectual property (such as trademarks and copyright) to create a highly recognizable brand, separating itself[...]
Case Review: Voluntary Retirement Contributions and Retirement Loan Repayment found to be reasonably necessary expenses for Chapter 7 Debtor
I'd like to begin with wishing you a happy new year!  I hope the holiday season was a healthy and[...]
What does Limited Liability really mean for you and your business? A bankruptcy case explains it clearly.
When working with both individuals and businesses (both new and ongoing), I often get asked whether the corporation that is[...]
Sometimes, (in bankruptcy) letting go is the best thing
People often tend to let their emotions govern their choices, especially in legal matters.  It's ultra-common in divorces, where the[...]
Case Review: Chapter 13 Bankruptcy Debtors MAY Object to Claims Filed Post-Confirmation
Chapter 13 bankruptcy offers debtors a flexible and versatile way to deal with debts, especially when they may not qualify[...]
Case Review: Bank Tries to Disregard Foreclosure Modification that IT OFFERED in Bankruptcy Court!
"Wow!"  That was all I could think after reading this case.  Unfortunately, poor lender practices, especially in the foreclosure and[...]
‘Ya Filthy Animal’ causes Trademark Dispute
The legal world is replete with stuff you just can't make up.  I've written previously on the need of business[...]
ALERT: New Bankruptcy Forms in use!!!
As of Tuesday, December 1, 2015, bankruptcy cases filed must be filed with new official documents.  The new documents are[...]
Business Owner: Has Your Business Been Sued in Small Claims Court? Here is a Must-Read, Real-Life Study
We applaud people for taking risks and starting their own businesses. Whether through the traditional brick-and-mortar storefront or amidst the[...]
Pro Se Pitfalls: 5 Issues a Pro Se Bankruptcy Filer MUST Understand Before Filing a Bankruptcy Case
Many people shudder at the idea of having to spend money on dreaded attorney’s fees.  Especially with respect to civil[...]
A fight, a nose bite, and $110,000 later: A (Legal) Lesson in Keeping Your Cool
In legal practice, sometimes you just come across a case that makes you realize you cannot make this stuff up.[...]
Case Review: What happens if creditors were left off from my bankruptcy papers?
This is a review of a recent case out of the Bankruptcy Court for the Northern District of Alabama that[...]
Case Review: The Impact of Divorce Judgments on Real Property in Bankruptcy
I saw this fairly common fact pattern once while I was sitting in state court waiting for my case to[...]
Case Review: Chapter 13 as a Relief Valve for Abandoned Foreclosure Properties
Are you one of the many people who suffered hardship as a result of the foreclosure bubble?  Have deed in[...]
Case Review: Pro Se Debtors Must Comply With Court Directives, Too!
I understand the want to handle legal matters by yourself.  The thought of having to pay legal fees makes almost[...]
Is Bankruptcy for a Business a Good Thing?
As the economy of the United States continues to grow, and access to lines of credit are freeing up, new[...]
Case Review: Student Loan Dischargeability Under New Scrutiny
Student loan debt is the struggle of the latest generation (author included).  Fortunately, more attention is being paid to it.[...]
Case Update: Liability of spouses on debts when one party files for bankruptcy
You get married.  You exchange vows - until death do us part; in sickness and in health; in lack and[...]
Why filing for bankruptcy is a lot like having an ileostomy . . .
In about a month, it will have hit the one-year anniversary of my having to have an emergency colon resection[...]
Case Review: A Mortgagee may LOSE its right to foreclose
This case comes out of the United States District Court, District of Massachusetts.  The underlying facts are fairly commonplace.  The[...]
Case Review: Lien Stripping in Chapter 13 cases are SAFE here in NY
For most people, bankruptcy law isn't the most newsworthy thing.  For bankruptcy practitioners like myself, I try to pay attention[...]
Case Review: Creditor may not evict someone who’s filed for bankruptcy
This case comes out of our own Eastern District of New York.  Sometimes, people file for bankruptcy on an emergency[...]
Case Review: Social Security Benefits are NOT to be counted as income for ANY purpose
I was in court last week on a case when the trustee and I entered into a discussion about social[...]
Case Review: Bankruptcy Discharged PERSONAL Liability, but not Rights to Collateral
It has happened a number of times to me.  A client comes in inquiring about bankruptcy.  Often, one of the[...]
Case Review: Agreements NOT to file for bankruptcy are UNENFORCEABLE
Once in a while, I speak with someone inquiring about bankruptcy.  Many boilerplate agreements, such as residential leases or contracts[...]
Case Review: A person WITHOUT a Social Security Number may file for bankruptcy
I get inquiries fairly regularly concerning whether an individual that does not have a social security number may file for[...]
IMPORTANT!!! Supreme Court Bankruptcy Case For Homeowners with Second Mortgages (or beyond)!!!
For homeowners, especially those that have dealt with foreclosure and have multiple mortgages recorded against the real property, this post[...]
Case Review: An employer may not terminate an employee in bankruptcy for a dischargeable debt owed to it
A recent case out of the Bankruptcy Court for the Western District of Arkansas addressed whether an employer may terminate[...]
Creditors: The Automatic Stay is NOT a joke
A decision was recently issued from the Chief Judge of the Bankruptcy Court for the Eastern District of New York.[...]
LORK has REOPENED and is BACK TO WORK!
To all: I am pleased to report that LORK is reopened and back to full-time operation!  Due to surgery, I[...]
LORK will be temporarily CLOSED
Thank you for visiting the LORK website.   Due to surgery, LORK will be closed beginning on Tuesday, January 6,[...]
Preferences and Fraudulent Transfers
It happens, and it is most often an unintended consequence. Someone you know – a family member, a friend, someone[...]
Consumer Credit Lawsuits 101
With many individuals still facing unemployment and stagnant income, hundreds of consumer credit lawsuits are filed against individuals in New[...]
Trademark 101
Most every business owner would agree that what makes a business successful isn’t necessarily the product or service offering, but[...]
Holiday Spending and Bankruptcy
For bankruptcy practitioners, the holidays pose a major concern when trying to prepare a person’s petition and schedules who will[...]
Can I File for Bankruptcy in NYC if I Have a Rent Stabilized Lease?
Very few places elsewhere in the United States have as technical and complicated landlord-tenant system as New York City.  Whereas[...]
Can I Discharge Taxes in a Bankruptcy Case?
Many people generally think of bankruptcy just when there is significant credit card or medical debt. While there are certain[...]
Can I Lose My Pet if I File for Chapter 7 Bankruptcy?
Many of us own pets.  Cats, dogs, birds, snakes.  Some of us own even more exotic pets.  Although many of[...]
How much do filing fees cost for a bankruptcy case?
One of the most important questions that I get from potential clients is how much will it cost to file[...]
What to Do If You Are Facing Foreclosure in Queens or Brooklyn?
Whether or not the economy is stabilizing or once again growing, plenty of people still struggle with a home in[...]
What a ‘Will’ can do for you . . .
Often, when there is talk about a will, a trust, or some of the other estate planning devices, it is[...]
What Are Some Issues to Consider Before Filing for Chapter 7 Bankruptcy, Especially if You Live in Queens or Brooklyn?
While there are lots of sources that you can find that talk about bankruptcy, it seems that whenever I meet[...]
Can I Keep My Car if I File for Chapter 7 Bankruptcy?
One of the biggest concerns that people have before filing for bankruptcy is whether the court or some other party[...]
KEEP AN EYE FOR THE NEXT SIS @ LORK!
The first ever Saturday Information Session ("SIS") was held at the Law Office of Richard Kistnen on Saturday, September 15th. [...]
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