When a borrower/debtor owes money to a bank and also has money on deposit with the bank, the bank has a right to setoff the debt owed to it against the funds on deposit. This right is based on the contract with the bank the debtor signed when he or…
Articles Posted in Personal Bankruptcy
Judgments, Judgment Liens & Credit Reports in NY
A common question we get is “How long will a judgment stay on my credit report in New York.” A judgment stays on someone’s credit report for seven years. However, even though a judgment may no longer appear on someone’s credit report, that does not mean that the judgment is…
Is Debt Settlement Better than Bankruptcy in NY?
The current recession is causing financial hardship for many people. Many people in New York find themselves with no work, or with lower income and hours than they had before. Debt collectors and collection lawyers don’t stop trying to collect debts just because we are in a recession or someone…
How Much Does Bankruptcy Cost in New York
Many people considering filing for personal bankruptcy in New York have not hired a lawyer before and are not sure how to select a lawyer. Since they are not familiar with lawyers and how to evaluate and compare one lawyer with another, they focus on the one factor that they…
Bankruptcy and Eviction in New York
We are often contacted by former and prospective clients in Manhattan and other boroughs of New York City, and elsewhere, who are faced with a potential eviction involving a commercial or residential lease and wonder what their bankruptcy options are. 1. Bankruptcy Filing Creates Automatic Stay A bankruptcy filing by…
If a Person or Business Owes Me Money Can I Put Them Into Bankruptcy in New York?
A creditor can start an involuntary bankruptcy case in New York City against a debtor (either a person or business) who owes the creditor money. An involuntary bankruptcy case is a bankruptcy case started by creditors. If a debtor has more than 12 creditors who are owed at least $13,475…
Can I File for Bankruptcy in NY City if I Recently Moved Here?
New York is a destination for many people relocating here for work, school or personal reasons. Many people are surprised to find out how expensive the cost of living is here compared to many other parts of the country. Many people underestimate their costs of housing and other living expenses…
Using Bankruptcy to Solve Your Tax Debt Problems in New York City
If you have past-due tax debt that you owe to the Internal Revenue Service (IRS), New York State Department of Taxation & Finance (NYS Tax), and/or New York City Department of Taxation (NYC Tax) you know that the government authorities can be very aggressive in enforcing back due taxes. 1.…
Gays, Lesbians and Bankruptcy in New York City
The purpose of this blog post is to provide information about bankruptcy to the gay and lesbian community in New York City that uniquely affects them. As a result of the 2005 changes to the Bankruptcy Code, for gays and lesbians considering filing for personal bankruptcy there are certain things…
Student Loan and Bankruptcy in New York
Student Loans Problems in New York City Many people in New York, and particularly in Manhattan, have large student loans for undergraduate and graduate college education. A student loan debtor (person who owes money for a student loan) can often obtain deferment or consolidation of his or her student loans…