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Articles Posted in Chapter 7

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Explanation of Amended Discharge Orders Being Entered by US Bankruptcy Court SDNY

Since the end of August 2017 through today we have been receiving electronic notice from the U.S. Bankruptcy Court for the Southern District of New York (SDNY Bankruptcy Court) of the filing of Amended Discharge of Debtor Order of Final Decree  in our clients’ previously closed (and successful) chapter 7…

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Will I Be Able to Keep My House if I File for Bankruptcy in New York – PART II?

A common question we get from our clients and prospective clients in New York City, Nassau. Suffolk and Westchester Counties is whether they will be able to keep their homes if they file for personal bankruptcy. This is Part II of a two part series on this issue. In Part…

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Will I Be Able to Keep My House in New York if I File for Bankruptcy in New York – PART I?

A common question we get from our clients and prospective clients in New York City, Nassau. Suffolk and Westchester Counties is whether they will be able to keep their homes if they file for personal bankruptcy. This is Part I of a two part series on this issue. In this…

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Using Bankruptcy to Stop Wage Garnishment in New York

Many of our clients and prospective clients in Manhattan, Bronx, Queens and other boroughs are facing the difficult situation of a wage garnishment and wonder if a personal bankruptcy filing could help. Just to review, a creditor with a judgment can garnish the defendant/judgment debtor’s wages. The law permits up…

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What Happens To Personal Injury and Wrongful Death Claims In The The Manhattan Bankruptcy Court?

1. The Bankruptcy Court is a Court of Limited Jurisdiction. Upon the commencement of a bankruptcy case the automatic stay goes into effect. The automatic stay is a mandatory injunction of the bankruptcy court that prevents to commencement or continuation of litigation against the debtor (person or entity that has…

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Will they come search my house or apartment if I file for bankruptcy in New York?

A question that we get from time to time from clients and prospective clients in Manhattan, Bronx, Brooklyn and surrounding counties is whether if they file for bankruptcy some one will come search their house or apartment. From an attorney perspective this question is always troubling because whether or not…

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How Much Should I Pay to Hire a Bankruptcy Attorney in New York?

A question many of our clients and prospective clients in Manhattan, Brooklyn, Westchester and surrounding counties have is why the fees some attorneys charge for consumer bankruptcy cases are much less than others? Experienced and knowledgeable bankruptcy attorneys who specialize in bankruptcy tend to charge fees that are set fairly…

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Will the Bankruptcy Court Approve my Bankruptcy in New York?

A common question we get from our clients and prospective clients in Manhattan, Bronx, Brooklyn and adjacent counties is if the Bankruptcy Court/Bankruptcy Judge will “approve their case”. In a typical personal bankruptcy case you will not encounter a bankruptcy judge. There will not be a hearing held in the…

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