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What to look for when buying or selling a business in NYC

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Businesses make the world run.  They are assets that give rise to jobs, money, innovation, growth – any number of other amazing products that you can think of.  For the people behind the business, buying and selling them are ways to leverage the opportunity.  If you’re buying or selling a business in NYC, check out […]

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In bankruptcy, is there a difference between a “debt” and a “claim”?

A document showcases the difference between a debt and a claim, with a pen nearby.

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?”

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Should a Landlord Enter Into a Settlement in an Eviction Case?

Should a landlord enter into a settlement agreement with their tenant regarding a legal dispute.

In my practice, when I handle eviction cases, I generally represent landlords looking to evict a tenant and recover possession of the apartment.  Usually, when first discussing a landlord-tenant case with a landlord, I always feel that the landlord has this idea is that I , as the attorney, will storm into court and argue that […]

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Single Mother Wins Discharge of Student Loans in Bankruptcy Court

A woman reading a book on a dark background as she finds solace and escapism from her mounting student loan debt.

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 […]

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CAUTION: In a NY Bankruptcy, an asset may lose it’s protected status without you realizing it

A bankrupt monopoly board on a table.

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 […]

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How-To: NYC Landlord’s Guide to the Non-Regulated Holdover Evicton

A city street with tall buildings and fire escapes, perfect for a landlord seeking a guide to holdover evictions.

Real estate in NYC is a challenge.  It’s a challenge for tenants looking for affordable housing.  It’s a challenge for landlord’s to get a tenant that works well with them.  In my Landlord-Tenant practice, I mostly represent landlords in non-regulated (meaning no rent stabilization or rent controlled) holdovers.  Plenty of people call me and want […]

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Avoid Judgments against Property in Bankruptcy (Equity not required!)

A wooden gavel emphasizing the importance of avoiding judgments.

One really powerful goal that people (particularly homeowners) can try to accomplish in a bankruptcy case is “avoiding liens.”  When a lien is avoided, it basically means that it’s status as a secured obligation is undone, and the result is that the balance owed is a (usually) an unsecured claim, like most credit cards or personal […]

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FORECLOSURE MODIFICATION PROGRAM ENDING SOON! ACT NOW TO TRY AND SAVE YOUR HOME!

Get foreclosure assistance flyer.

If you or someone you know is facing foreclosure, the time to act is now.  The HAMP program (Home Affordable Modification Program) is set to come to an end at the end of this year, 2016.  

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