What Happens to Tax Refunds During Bankruptcy?

Trustees can take tax refunds to pay debts in bankruptcy. Rest assured they will know about it, as the process requires you to disclose all of your financial information.  There are, nevertheless, some instances in which a bankruptcy lawyer can protect that money.  We know that many families rely on their tax refunds for months. …

When May a Creditor Request a Lift of an Automatic Stay in New York?

In a bankruptcy case, the automatic stay prevents creditors from continuing to pursue collection actions while the case is underway. It’s a powerful protection that gives borrowers vital breathing room during the case. Yet there are scenarios in which a creditor can request to have the automatic stay lifted. Which creditors may lift the automatic…

Can I Get a Cash Gift During Bankruptcy?

If you receive a cash gift from family members or friends during your bankruptcy you can’t necessarily just deposit into the bank or spend it.  Note that receiving $5 or $10 probably doesn’t matter a great deal here. We’re generally talking about significant cash gifts in the hundreds or thousands of dollars when we discuss…

Can Bankruptcy Stop Foreclosure in New York?

Bankruptcy can be a path forward for saving your house if you are behind on your mortgage, but there are caveats.  Here’s what you need to know about stopping foreclosure.  The Chapter Matters The automatic stay brought on by bankruptcy is really only a temporary solution. The Chapter you choose, and the timing of your…

Can I Recover Garnished Wages in a New York Bankruptcy?

You may already know that filing for bankruptcy can help you avoid a wage garnishment. In the ideal world, you’d come to our office long before the completion of a lawsuit that results in a wage garnishment.  Yet some people fight till the bitter end, and end up losing some money from their paychecks before…

New York Bankruptcy for Freelancers and Gig Economy Workers

New York’s self-employed workforce has grown to include nearly 150,000 workers. Working for yourself brings a lot of freedom, but it also brings a lot of uncertainty. Many freelance or gig economy workers experience financial hardships. Fortunately, bankruptcy is available to these workers as well.  You just have to take extra steps. Income Verification Bring…

How Are Debts to Family Members and Friends Handled During Bankruptcy?

31% of Americans say friends or family members owe them money. 40% of American households have serious financial problems. It’s inevitable that these two facts will clash sometimes.  Owing money to family members and friends can be draining, emotional, and heart-wrenching…especially when you know you’re going to have to file for bankruptcy. It’s very easy…

Can Bankruptcy Help You Retrieve a Repossessed Car?

The average car payment is now $685. Most car loans now stretch far longer than 72 months, too. It’s little wonder that many people are currently facing repossession. In some cases, if you wait for your car to get repossessed before you file bankruptcy you will be unable to get it back. In others, you…

Can I Be Sued While Working With a Debt Settlement Agency?

By the time a debt has gone to collections, there are only a few advantages to paying them off. On newer credit scoring algorithms a paid off or zeroed out debt will be ignored while credit scoring. And paying off collection agencies can certainly make your phone stop ringing, eventually. Yet the number one reason…

How Do I Get a Chapter 13 Modification in New York?

Sometimes circumstances change, and making Chapter 13 payments gets almost as difficult as keeping up with all the debts that drive a borrower to seek a bankruptcy attorney in the first place. Yet you have other choices than defaulting on the plan. Here’s what you need to know about modifying your plan. There must be…