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 and Confidential.” You open it up and you see, in big letters at the top of the letter, “GARNISHMENT.” In a few weeks, you notice that your paycheck is smaller. You notice a new deduction: […]
KEEP READING . . .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 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 […]
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 . . .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 to try and save their houses from foreclosure, plenty of interesting questions have arisen. Most commonly, if someone wanted to keep real property that they were losing in foreclosure, they would try to obtain a […]
KEEP READING . . .Bankruptcy Discharge Injunction NOT applicable to Some Nondischargeable debts
People that file for bankruptcy often expect two things: the protection of the automatic stay when filing, and then the protection of the discharge injunction after they get their discharge. Another thing many debtors understand when it comes to bankruptcy is that some kinds of debts are nondischargeable, such as student loans or some kinds […]
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