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Bankruptcy Filings Are Up, But Are Lower Than Pre-COVID

Bankruptcy Filings

According to statistics from the Administrative Office of the U.S. Courts, total bankruptcy filings rose marginally by 2 percent during the 12-month period ending March 31, 2023, but continue to remain lower than they were prior to the COVID pandemic. There was a total of 42,368 new bankruptcies filed in March 2023. This is an […]

Filing Bankruptcy in Brooklyn, New York

Brooklyn Bankruptcy

For residents living in Brooklyn, New York, if they are looking to file for bankruptcy, they must do so at the Bankruptcy Court located in the Eastern District of New York which also happens to be located in Brooklyn. The federal Bankruptcy Courts have exclusive jurisdiction over bankruptcy cases. Accordingly, a bankruptcy petition can only […]

Valid Reasons for the Dismissal or Conversion of a Chapter 13 Case

Chapter 13 Case

Unfortunately, not every Chapter 13 Bankruptcy plan that is filed succeeds. In fact, nationwide, only approximately 58 percent of Chapter 13 cases that are filed are successful (See 2021 BAPTCA Report). This is an average and it hides the fact that success rates vary considerably from state to state and district to district. Here in […]

What’s In a Chapter 13 Plan?

Chapter 13

When filing for bankruptcy, depending on a debtor’s particular circumstances (income, non-exempt assets etc.)  some debtors’ best option may be Chapter 13 bankruptcy. Any individual who is earning regular income may be eligible for chapter 13 relief as long as the individual’s combined total secured and unsecured debts are less than $2.75 million. See 11 […]

New Means Test Figures For New York Bankruptcy Cases

New Means Test

Since the bankruptcy code was revised under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), a debtor must determine if they are subject to the Means Test (11 U.S.C. § 707) before they can file for Chapter 7 Bankruptcy. The Office of the United States Trustee periodically releases median household income figures […]

EZ Pass Debt and Bankruptcy

EZ Pass Debt

One type of debt that is becoming more prevalent is EZ-Pass related debt. Now that many bridges and tunnels in and around New York City have become toll-less and tolls are enforced by camera, more drivers have been accumulating EZ-Pass debt issued by the Metropolitan Transit Authority or the Port Authority of NY & NJ. […]

Medical Debt and Bankruptcy

Medical Debt and Bankruptcy

Medical debt is a significant issue for many American households. According to a report by the Census Bureau, in 2021, over 27 million Americans are uninsured. This number is likely to go up as COIVD era Medicaid auto-enrollment rules have been rolled back. In the United States, out of pocket spending for medical services reached […]

Foreclosure Caselaw Update: N.Y. Court of Appeals Reverses Kessler Decision

Appeals Reverses Kessler Decision

Introduction On February 14, 2023, the New York Court of Appeals overturned the Appellate Division, Second Department’s decision in Bank of America v. Kessler, which had applied a very strict reading of §1304 of New York’s’ Real Property Actions and Proceedings Law or RPAPL. This section of the law contains the requirements for New York’s […]

The Problems with Online Bankruptcy Petition Self-Preparation

Bankruptcy Petition Self-Preparation

When someone is considering filing for bankruptcy, they may search online for quick and easy answers. One result that may come up is an online bankruptcy petition self-preparation software product or application, as opposed to a bankruptcy attorney. Using an online bankruptcy petition self-preparation company may seem both cheap and easy, but if you look […]

Identity Theft: What to Do If It Happens to You

Identity Theft

Recently, of all people, I was a victim of identity theft. That’s right, me, a bankruptcy and consumer protection attorney was a victim of identity theft. My experience has motivated me to share what happened and how I handled it. Approximately 9 million Americans are victims of identity theft every year. Considering how often it […]

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