Generally, debt collectors do not attempt to collect on debt after it is discharged in bankruptcy. However, what are a debtor’s rights if someone is trying to collect on a discharged debt? In this blog, we will review a debtor’s options, both inside and outside of Bankruptcy Court, for improper debt collection efforts post-bankruptcy discharge….
When Congress passed The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (often called BAPCPA), they amended § 707 of the Bankruptcy Code and created a financial eligibility test for debtors looking to file Chapter 7 Bankruptcy. Quite simply, the law imposed a budget test called the “Means Test” to determine if consumers should…
The U.S. Bankruptcy Code (11 U.S.C. § 522) sets forth the exemptions for different types of property that a debtor can keep when they file a bankruptcy petition. In other words, there are specific rules regarding what property a debtor can keep when filing for bankruptcy. In this post, we list the commonly used federal…
Many people who are considering bankruptcy wrongfully think that they have to give up all their property, personal and real estate, when they file for bankruptcy. Fortunately, this is generally not the case. The Bankruptcy Code allows debtors to keep certain property (both personal property and real estate) when they file a bankruptcy petition. This…
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…
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…
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…
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….
Towards the end of 2014, the New York State Court System announced a series of rule changes affecting default judgments in order to prevent so-called “sewer service” in consumer credit debt collection cases. A “sewer service” case involves questionable and often fraudulent service of process to a defendant, who is unable to defend against a…
Consumers who are struggling with credit card debt are often not sure where to turn for help. Recognizing this, for-profit debt settlement companies, who utilize savvy advertising methods, attempt to prey upon consumers and entice them into resolving debt issues through debt settlement “programs.” In these so-called programs, the debt settlement companies claim they will…
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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…
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