The beauty (and the ugly) of a chapter 13 bankruptcy, as experienced by a lawyer

A black and white photo of a man sitting in a chair.

I was in court this morning for a case of mine.  It was scheduled for the dual purpose of confirmation of the chapter 13 plan, and the trustee’s motion to dismiss.  It seems counterintuitive that the same case can be scheduled for a hearing before the court for two things, each seeking the polar opposite […]

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Debtor’s Bankruptcy Discharge Revoked for Failure to Turnover Inheritance

An open book featuring bankruptcy.

Bankruptcy relief is pretty extraordinary, when you think about it.  You can file a case that, if properly done, terminates your obligation to pay debts.  You can strip off mortgages.  Judgments (not recorded against real property) are voided.  A bankruptcy discharge is an extraordinary measure of relief, and really does give a debtor a fresh […]

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Are foreign student loans dischargeable in bankruptcy?

A blurry image of people walking on a cobblestone street.

People are becoming more and more aware that student loan debt is becoming a HUGE problem.  With many college and post-grad students entering the workforce with high-five and six figure student loan debts, and jobs not paying income to keep up with the student loans (not to mention housing and other costs of living), bankruptcy […]

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Inquest for NYC Landlords: What to do with a default judgment against a tenant

A large brick building.

In NYC, hundreds of Landlord-Tenant cases are scheduled each day.  Comparable to debt collection lawsuits, many tenants fail to show up to court when scheduled.  It’s a difficult path to navigate: some people choose not to show up; others have a job that barely gets them by so they have to make the tough choice […]

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How You Can Use Bankruptcy to Discharge Divorce-based Debts

A photographer captures a joyful group at a bankruptcy-friendly wedding ceremony.

Often when reading a news story concerning bankruptcy, it’s framed as a debtor having hit “rock-bottom” in their finances, or some celebrity that didn’t know how much they were paying and to whom.  While that approach is true in some cases, bankruptcy relief can be a very good strategic tool for many people.  

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Case Review: Lawyer gets his student loans discharged in bankruptcy!

Traffic light, building.

You never know what it’s like to walk in someone else’s shoes.  If I asked your thoughts on a 56 year old healthy male, living in California, who has been an attorney admitted to practice law since 1993, what would they be?  High net worth?  Partner?  1%?  What if I told you that this person […]

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Can I File Bankruptcy and Keep My Car Even If It’s Expensive?

Car interior with radio and steering wheel.

Can I file bankruptcy and keep my car?  This question often comes up when prospective debtors are consulted about bankruptcy.  They are struggling with credit card debt and collections.  There might have been a cash out or loan against retirement accounts.  Very often, however, this fact pattern also includes a relatively new vehicle that’s being […]

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Case Review: In NYC, a late-filed tax return may result in tax liability being non dischargeable in bankruptcy :(

Close up, calculator.

One reason people file for bankruptcy relief is to have tax liabilities discharged.  Tax liabilities may often be assessed several years after the tax period, accrue tremendous interest, and are collectible for quite some time.  While there is a pervasive notion that taxes, generally, are not dischargeable in bankruptcy, that is untrue.  If a debtor […]

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