Credit Repair Company Pitfalls
The credit repair industry preys upon consumers desire for better credit. Last year, the industry had revenues of approximately $4.4 billion. This is up from $3 billion in 2019. A credit repair company is a third-party service that will typically charge a monthly fee to contact the credit reporting bureaus on your behalf to attempt […]
Bankruptcy and Short Sales
When experiencing financial hardship, some homeowners may fall behind on their monthly mortgage payments. This, in turn, can often lead to a foreclosure action against the property if the financial hardship is not resolved and the homeowner’s mortgage arrears are not cured through reinstatement, obtaining a loan modification, or possibly chapter 13 bankruptcy. An inability […]
What Are The Tax Consequences Of A Short Sale?
As we experience the ongoing fallout from the 2008 financial crisis, some homeowners continue to be in the position that they are unable to afford their mortgage payments and they owe more on their loan than the value of their homes. Facing a foreclosure can be an extremely traumatic experience. One way a homeowner can […]
Why You Must NOT Ignore A Debt Collection Lawsuit
Have you received a notification or summons regarding a debt collection lawsuit for credit card or other debt? A lawsuit will not go away if you simply ignore it and it could lead to dire consequences to your finances and credit rating. Ignoring a debt collection lawsuit will typically result in a default judgment against […]
What Can I Do If I Defaulted In Answering A Foreclosure Summons & Complaint?
When a homeowner is served a foreclosure Summons and Complaint in New York, they only have a limited time to file an Answer with the court. The amount of time allowed by the Civil Practice Law and Rules (CPLR) to file a response to a Summons and Complaint depends on how one is served. If […]
Non-Dischargeable Debts in Bankruptcy
When filing for bankruptcy the goal of a debtor is to obtain a fresh financial start. In Chapter 7 bankruptcy, their debts are eliminated, while in Chapter 13 bankruptcy, a debtor typically pays back their debt through a court ordered payment plan that is typically 60 months and is interest free for mist debt. However, […]
What Are Your Options If You Fall Behind On A Loan Modification?
A common question we are often asked by potential clients is: “If I have fallen behind on my loan modification, can I get another modification?” At the Law Offices of David I. Pankin, P.C., we carefully review the four options that generally present themselves in this situation. Keep The Modification You Have Using Chapter 13 […]
FDCPA vs. Bankruptcy Remedies: The 2nd Circuit Reversal in Garfield v. Ocwen Loan Servicing
In a case that is likely to have a broad effect on the collection activities of debt collectors in New York, the Second Circuit recently held that the Bankruptcy Code does not prevent use of the Fair Debt Collection Practices Act (FDCPA) in a claim regarding a debt that was discharged in bankruptcy proceeding. In […]
Protect Your Retirement Assets By Filing For Bankruptcy
If you are retired (or approaching retirement age), you do not want to have ask yourself this question: “Should I dip into my retirement account to help pay off my credit card or other debts?” When faced with this question, many Americans are too quick to withdraw money from an IRA or other retirement account […]
When Should You Consider Filing for Bankruptcy?
If you have been struggling financially, how do you know when it is time to consider filing for bankruptcy? The first thing to do is to take a step back and assess your financial situation. The first thing we recommend is to conduct a review of your household budget. Carefully compare your true typical monthly […]