Can I Keep My Home If I File for Bankruptcy in New York
As a New York bankruptcy attorney, one of the most common questions we hear from prospective clients who own real estate is “can I keep my home if I file for bankruptcy?” Many homeowners are concerned that they will have to sell their home in a chapter 7 bankruptcy proceeding, however in New York, this […]
Can Bankruptcy Stop A Wage Garnishment in New York?
In this blog we will answer the question of whether a bankruptcy stop a wage garnishment in New York. But before we answer the question, let’s look closer at the wage garnishment process in New York. If a creditor has a successfully sued a debtor in court and obtained a judgment, one method of collecting […]
Does Bankruptcy Eliminate Medical Debt?
Medical debt is now one of the most common reasons American consumers file for bankruptcy. An unexpected illness or injury can not only be debilitating to one’s health it can also wreak havoc financially. Medical bills can quickly pile up and get out of hand. For many Americans, bankruptcy can be the only way out […]
How Will Bankruptcy Affect My Job?
When filing bankruptcy many people wonder – how bankruptcy will affect my job? The short answer to this is that in most cases bankruptcy will not affect your current job and in many cases your current employer won’t even be aware of your situation. Will I Lose My Job for Filing Bankruptcy? Under 11 U.S.C. […]
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 […]
The Federal Wildcard Exemption
In a bankruptcy case, the property of the debtor is classified in one of two ways: exempt property and non-exempt property. Exempt property is the property the debtor is allowed to keep, while non-exempt property can potentially be liquidated and distributed to creditors. There are exemptions for a wide variety of personal property of the […]
Can I File For Bankruptcy without My Spouse?
Many clients ask us the question, “Can I file for bankruptcy without my spouse?” Yes, a person can file for bankruptcy without their spouse. However, the more important questions is “Should you file for bankruptcy without your spouse? Married couples are not obligated to file for bankruptcy together. One person can file for bankruptcy while […]
The Benefits of Filing for Bankruptcy
Filing for bankruptcy can help many people in financial distress. Here are some of the benefits of filing for bankruptcy. Discharge Most Debts The bankruptcy discharge eliminates any personal obligation to pay certain types of debt. There are several types of debt that can not be discharged through bankruptcy (nondischargeable debt). For most people in […]
Non-Dischargeable Debt
Certain types of debt can not be discharged by filing for bankruptcy. Although bankruptcy is designed to eliminate many types of debt, there are certain types of debt that can not be discharged. Some of these debts typically include, but are not limited to: most federal funded student loans federal taxes state taxes local taxes […]