As a result of the COVID-19 pandemic, Congress amended the Bankruptcy Code and passed the “Coronavirus Aid, Relief, and Economic Security Act” also known as the “CARES Act”, which was signed into law by the President on March 27, 2020. Specific amendments were made to Subchapter V of Chapter 11…
For attorneys in other jurisdictions who need to appear pro hac vice in the United States District Court for the Southern District of New York (“SDNY”) or the United States District Court for the Eastern District of New York (“EDNY”) for bankruptcy appeals, or other matters, we have created a…
Chapter 7 bankruptcy is the most common type of personal bankruptcy and is used to wipe out most types of debts (with certain exceptions). But, what do you do when you have serious creditor problems, such as collection calls, collection lawsuits, and/or wage garnishments, but can’t afford to file a…
For the information of our clients with pending chapter 13 cases in the Southern District of New York and the bankruptcy community at large we are sharing the following information: effective February 1, 2018, Jeffrey L. Sapir has retired as Chapter 13 Trustee for the Southern District of New…
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…
Many people in New York and New Jersey have houses that are “underwater” — meaning the current value of the house is less than the value of the mortgage. In the Supreme Court case of Bank of America, N.A. v. Caulkett, – U.S. – , No. 13-1421 (June 1, 2015),…
The recent Supreme Court case of Wellness International Network, Ltd. v. Sharif, – U.S. ___ , No. 13-935 (May 26, 2015) resolved the issue of whether litigants in the Bankruptcy Court can consent to have the Bankruptcy Court decide matters that otherwise would need to be decided by the U.S.…
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…
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…
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…