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 to a landlord that a stream of income can be relied upon. A lease also offers security to a tenant that they just can’t be evicted for no reason. In many leases, there is language […]
KEEP READING . . .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, we’ll take a look at a very important issue: in bankruptcy, is there a difference between a “debt” and a “claim?”
KEEP READING . . .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 the IRS or state taxing agency. While there are usually options available to pay taxes, many people don’t want to deal with an on-going debt. If you already had an eye towards filing for bankruptcy, […]
KEEP READING . . .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 possible. Sometimes, though, to get the discharge, a debtor has to turnover property. Generally, it’s because they don’t have sufficient exemptions to protect the property. A very tricky asset can be a potential tax return. Even […]
KEEP READING . . .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 threatens immediate repossession, and the debtor files a case to either stop the repo, or to get the vehicle back. A recent case out of a federal appeals court may have made this situation a […]
KEEP READING . . .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 of attention in the coming months. Bankruptcy offers an interesting opportunity for student loan debtors because, under certain circumstances, courts are willing to discharge student loans. In this case, the debtor (who, to me, more people […]
KEEP READING . . .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 their property. Sometimes, this forecasting can be difficult to make. Even as a bankruptcy attorney, you may run with an assumption about an asset, and then someone challenges that assumption. In this case, the trustee […]
KEEP READING . . .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 times are often reluctant to file because they are highly optimistic that the can recover and return to better financial times. Often, though, the hole they find themselves in tends to get deeper. For creditors […]
KEEP READING . . .