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 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 […]
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 . . .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 receiving a tax refund, or you’re dreading paying more in taxes.
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 . . .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 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 […]
KEEP READING . . .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 Modification Program) is set to come to an end at the end of this year, 2016.
KEEP READING . . .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 generally refers to a transfer of assets made by a debtor with the intent to hinder, delay or defraud the creditor. A preference generally occurs when a debtor pays one creditor more than that creditor […]
KEEP READING . . .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 get discharged. The debtor has to file any missed returns. There are time periods that have to be cleared. Each tax year has to be considered on its own. In a very interesting case, a […]
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