Can I file bankruptcy on only some of my credit cards?
Can I list only some of my credit cards when I file bankruptcy? Maybe. This question comes up rather often. If you are going to file bankruptcy, you are required to list all of your creditors. If you...
View ArticleSquatter or Holdover?
Recently we have received a lot of phone calls regarding situations where landlords are having difficulty with people in their rental properties that they have never signed a lease with. In this...
View ArticleUncontested Divorces
It has become apparent to me that the term “UNCONTESTED DIVORCE” has a lot of people confused. An uncontested divorce is actually quite simple. In short, an uncontested divorce simply means that the...
View ArticleEviction Rules are NOT the same everywhere in NY
There has been an increasingly high volume of calls from landlords who live in one county but have rental properties in another county. This causes issues where the landlord has one understanding of...
View ArticleChapter 13 Debtor Can’t Strip 2nd Mortgage
In a recent chapter 13 bankruptcy case, IN RE WRIGHT, Bankr. Court, ED New York 2011, a debtor was NOT allowed to “strip off” a second mortgage held by Chase. At trial several issues were raised...
View ArticleForeclosures and Loan Modifications Up
Foreclosures are up. According to several recent news articles and reports, it appears that foreclosure actions are once again on the rise. Fortunately, we have noticed much of an increase in...
View ArticleChild Custody Disputes: Primary Caretaker as a factor
Primary Caretaker as a Factor in Child Custody Disputes. Often, when contemplating a child custody dispute, a parent may expect to be awarded custody of a child simply because that parent has spent...
View ArticleDebt Collectors More Aggressive?
Are Debt Collectors Getting More Aggressive? This article seems to suggest that they are. Although this is bad news for borrowers, the law, fortunately, protects borrowers from overly aggressive and...
View ArticleDebt Collectors Misled Borrowers
Court Finds that Debt Collectors Misled Borrowers A debt collection agency recently sent a letter to borrowers telling them that their student loan debts could not be discharged in bankruptcy, and must...
View ArticleHow to Shorten the Divorce Process by Waiver
Shorten the Divorce Process In almost any court proceeding, defendants have 20 to 30 days to answer a complaint. This is even true for uncontested divorces. Even though both spouses may consent to...
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