Bankruptcy law references
Bankruptcy laws advising people for Chapter 7, Chapter 13 bankruptcy and debt consolidation. Such as businesses in matters pertaining to bankruptcy, creditor negotiations, reorganizations, real estate, foreclosure defense, litigation defense, and landlord-tenant defense.
Massachusetts Bankruptcy Lawyer, Massachusetts Bankruptcy Attorney
Massachusetts Bankruptcy Center has locations throughout Massachusetts, our team of attorneys and support staff are here to help you through this difficult process by explaining to you how bankruptcy works, and what will be required for your specific case, including advising you how much it will cost you from beginning to end and how long the process will take to conclude. Please explore our website for more information, or give us a call for a confidential no-cost consultation.
Weber Law Firm – William D. Weber – Houston Bankruptcy Attorney Lawyer
Board certified Houston bankruptcy attorney represents small business, consumer debtors, and creditors in Chapter 7, Chapter 11, Chapter 12 and Chapter 13 bankruptcy filings, and bankruptcy litigation. 25 years experience.
- Abby’s Client Testimonialby William Weber on May 15, 2015 at 3:10 am
My most prized client testimonial. It came today, unsolicited, from Abby, a client’s granddaughter. Click the title to see the image.
- Bankruptcy Disclosure Audits Resume on March 10, 2014by William Weber on March 2, 2014 at 4:50 am
William D. Weber / March 1, 2014 As part of the bankruptcy process, debtors are required to disclose all of their assets, creditors, income, expenses and financial history. The filing of accurate financial disclosures has always been very important. These disclosures are made under penalty of perjury. The filing of inaccurate disclosures can result in criminal
- Chapter 7 Bankruptcy Compared to Chapter 13 – What’s the Difference?by William Weber on January 4, 2013 at 2:16 pm
In 2005, the Bankruptcy Abuse Prevention and Consumer Protection Act was signed into law by President George W. Bush. This was the “bankruptcy overhaul” bill that was long sought by lobbyists in the credit card and lending industries. The changes made by this law make it more difficult for individuals to file a Chapter 7 bankruptcy and discharge
- Houston Bankruptcy Attorney Indicted for Bankruptcy Fraudby William Weber on July 11, 2014 at 5:39 pm
On February 14, 2014, Houston Attorney Calvin Braun was indicted by a federal grand jury on one count of bankruptcy fraud and 3 counts of fling false bankruptcy declarations. If convicted on any one of these charges, the penalty is a maximum prison sentence of 5 years, a fine of $250,000, or both. Braun was
- Houston Bankruptcy Court Revokes Discharge for Failure to List Assetsby William Weber on July 20, 2015 at 4:32 am
Some bankruptcy clients do not take the bankruptcy disclosure process seriously. Some view it as unimportant lawyer paperwork. This attitude is a serious mistake. Any competent bankruptcy attorney will tell all of his clients that they must disclose and itemize all assets, creditors, income, expenses and other required information. The bankruptcy schedules must be meticulously accurate
- How to Circumvent McCoy – The Back Door Approachby William Weber on July 11, 2014 at 11:47 pm
By: William D. Weber (post script to “Fifth Circuit Judicially Eliminates 2 Year Filing Rule” – dated June 26, 2012) Introduction The McCoy decision is still binding precedent in every federal court located in the Fifth Circuit (all court’s in Texas, Louisiana and Mississippi). Under McCoy, federal income taxes can never be discharged in bankruptcy
- Joint Bankruptcy Cases Now Legal for Married Same Sex Couplesby William Weber on June 26, 2015 at 5:32 pm
Today in Obergefell v. Hodges, 14-556 (2015), the U.S. Supreme Court, in a 5 to 4 decision, ruled that marriage is fundamental right for same sex couples. Under the Due Process and Equal Protection Clauses of the Fourteenth Amendment, same-sex couples may not be deprived of the right to marry. Any state laws that deny
- McCoy – Fifth Circuit Judicially Eliminates the 2 Year Filing Ruleby William Weber on June 27, 2012 at 12:26 am
Prior to January 2012, the rules relating to the discharge of tax debts in bankruptcy cases were relatively straight forward. Bankruptcy Code §§ 507(a)(8) and 523(a)(1) provide that income tax debts can be discharged in bankruptcy if the tax in question meets the following requirements: Three Year Age Rule. More than 3 years must elapse
- Means Testing Does Not Apply In Business Casesby William Weber on July 23, 2015 at 1:40 am
It is the common misconception that the Bankruptcy Code’s means testing requirements limit the pool of people that qualify for Chapter 7 relief to low income earners. This is not true in all cases. There is a major exception for cases in which the majority of debts were incurred for a business rather than a
- Supreme Court Bans Lien Stripping of Underwater Junior Liens In Ch. 7 Casesby William Weber on June 4, 2015 at 3:53 am
The Supreme Court has decided that “[a] debtor in a Chapter 7 bankruptcy proceeding may not void a junior mortgage lien under §506(d) when the debt owed on a senior mortgage lien exceeds the current value of the collateral if the creditor’s claim is both secured by a lien and allowed under §502 of the
Bankruptcy Attorney New York
Experienced New York Corporate Bankruptcy attorneys. Chapter 11 New York. New York Bankruptcy Law Firm. New York Bankruptcy Lawyer. New York Chapter 11 Lawyer. Chapter 7 consumer bankruptcy. Chapter 13 Bankruptcy. Corporate Reorganization New York. Best Bankruptcy Attorney New York. New York Bankruptcy filing. NY Bankruptcy.
- Civil and Criminal Tax Fraud in NYCby Stephen Kass on January 5, 2015 at 10:22 am
In today’s current economy, many people look for ways to make ends meet with less money than they had before. However, going outside the law to do so should not be considered. Tax fraud is one of the most common white-collar crimes in the country, and due to its powerhouse investment sector, it is an Read More The post Civil and Criminal Tax Fraud in NYC appeared first on Law Offices of Stephen B. Kass, P.C..
- Common New York Tax Incentivesby Stephen Kass on December 15, 2014 at 6:08 am
A legislature, be it city, state or federal, has many options at its disposal to improve the local economy. This can include a significant amount of modification to the tax laws, to allow more money to remain in the pockets of consumers to be spent. One of the more common methods used by several locales Read More The post Common New York Tax Incentives appeared first on Law Offices of Stephen B. Kass, P.C..
- Discharging Income and Non-Income Tax Debtby Stephen Kass on December 30, 2014 at 6:06 am
An extremely common question for filers of bankruptcy is whether or not tax debts are dischargeable. A large variety of them is, including varieties of income tax debts such as on late-filed returns. However, non-income tax debts can be a very real concern for some debtors. It is absolutely imperative to know what you will Read More The post Discharging Income and Non-Income Tax Debt appeared first on Law Offices of Stephen B. Kass, P.C..
- Presumption of Abuse in Chapter 7 Bankruptcyby Stephen Kass on March 30, 2015 at 10:20 am
In order to properly file for Chapter 7 bankruptcy a debtor must first qualify for Chapter 7 as determined by the U.S. Bankruptcy Code. Additionally, in 2005 Congress passed the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) that requires debtors to submit their income to a means test before they can qualify for a Chapter 7 filing. The means Read More The post Presumption of Abuse in Chapter 7 Bankruptcy appeared first on Law Offices of Stephen B. Kass, P.C..
- Rent-Controlled Apartments in Bankruptcyby Stephen Kass on December 8, 2014 at 6:16 am
Property values in New York City are exorbitant compared to the rest of the state. Very often, a rent-stabilized or rent-controlled apartment is the only way that people in certain income brackets can live in the city proper. As such, the concept of rent control is something that matters to quite a lot of people. Read More The post Rent-Controlled Apartments in Bankruptcy appeared first on Law Offices of Stephen B. Kass, P.C..
- Small Business Bankruptcy for Sole Proprietorsby Stephen Kass on December 9, 2014 at 6:14 am
When you are a small business owner, everything you do is intricately tied to your personal life, even if that is not your intention. If you need to file for bankruptcy due to the failure of your business, it will be no different. What many people fail to realize that if their business is a Read More The post Small Business Bankruptcy for Sole Proprietors appeared first on Law Offices of Stephen B. Kass, P.C..
- Small Business Reorganization ACT (Subchapter 5 under Chapter 11)by Stephen Kass on June 18, 2020 at 7:05 am
On August 23, 2019, the Small Business Reorganization Act was passed (SBRA) which was effective on February 19, 2020. The goal of this law was to streamline the reorganization process and make Chapter 11 more affordable for qualified businesses. Qualified Businesses ½ total debt from business $2.7M debt limit which increased for 1 year only Read More The post Small Business Reorganization ACT (Subchapter 5 under Chapter 11) appeared first on Law Offices of Stephen B. Kass, P.C..
- Tax Breaks For New Yorkers and Their Potential Issuesby Stephen Kass on December 11, 2014 at 6:10 am
In the United States, the term “tax break” is often used pejoratively, as if to imply the inherent unfairness of any regulation that does not tax everyone in exactly the same manner. However, there are valid policy reasons that cause different people to be taxed accordingly. Still, due to the stigma associated with passing ‘tax Read More The post Tax Breaks For New Yorkers and Their Potential Issues appeared first on Law Offices of Stephen B. Kass, P.C..
- Tax Consequences of Foreclosureby Stephen Kass on January 2, 2015 at 6:04 am
Foreclosure is one of the most frightening and demoralizing occurrences in a person’s life. At best, it is a massive setback to one’s credit; at worst, it can make your family homeless. On top of the emotional and mental toll, there can also be tax consequences after foreclosure, and there are also consequences if you Read More The post Tax Consequences of Foreclosure appeared first on Law Offices of Stephen B. Kass, P.C..
- “Forgiveness of Debt” Income: How To Avoid Tax Surprisesby Stephen Kass on December 10, 2014 at 6:12 am
When someone files bankruptcy, they receive their discharge and most often, they believe that to be the end of it, aside from having to rebuild their credit rating. However, they can receive a nasty surprise at tax time, in the form of a 1099-C. Why Call It Income? Many take issue with the fact that Read More The post “Forgiveness of Debt” Income: How To Avoid Tax Surprises appeared first on Law Offices of Stephen B. Kass, P.C..
Suffolk Bankruptcy Attorney
Long Island Bankruptcy Lawyer & Foreclosure Solutions Attorney Serving Suffolk & Nassau County, Long Island.
- COVID-19 and Negotiationsby bankruptcy_admin on December 14, 2020 at 5:35 am
The COVID-19 pandemic has had a severe impact on people’s finances all across the United States. Many people have lost their jobs causing unemployment claims to soar. Unfortunately, that doesn’t mean the bills have stopped piling up. However, there may be a way to get some relief if you are willing to negotiate with your lenders The post COVID-19 and Negotiations first appeared on Long Island Bankruptcy & Foreclosure | Law Firm.
- Filing for Bankruptcy and COVID-19by bankruptcy_admin on October 30, 2020 at 6:44 am
It is no surprise that bankruptcy filings due to COVID-19 related hardships have skyrocketed since the middle of March when New York State reported its first deaths from the Coronavirus and Governor Andrew Cuomo closed all nonessential businesses. According to Bloomberg News, “the pandemic has battered New York City businesses, with almost 6,000 closures, a The post Filing for Bankruptcy and COVID-19 first appeared on Long Island Bankruptcy & Foreclosure | Law Firm.
- Foreclosure Defenseby bankruptcy_admin on December 14, 2020 at 5:38 am
Foreclosure laws are very complex, and it is common for lenders to have made an error in the process. Such mistakes often include timing or giving notice – and this may lead to a foreclosure defense. Statute of Limitations for a Mortgage Foreclosure A common defense to a lender’s attempt to foreclose involves the statute The post Foreclosure Defense first appeared on Long Island Bankruptcy & Foreclosure | Law Firm.
- Foreclosure Settlement Conferences in New York – Part One: Rules, Guidelines, and Expectationsby ron on March 11, 2019 at 8:17 pm
When a mortgage lender files a foreclosure action in New York, a foreclosure judgment is not inevitable. As an effort to assist homeowners facing foreclosure, New York law requires that lenders engage in settlement conferences with the defendants to see if another resolution is possible. Common resolutions include mortgage loan modifications, deeds in lieu of The post Foreclosure Settlement Conferences in New York – Part One: Rules, Guidelines, and Expectations first appeared on Long Island Bankruptcy & Foreclosure | Law Firm.
- Foreclosure Settlement Conferences in New York – Part Two: What Constitutes Good Faith Negotiations?by ron on March 28, 2019 at 5:58 pm
In Part One of this article, we reviewed the requirements for mandatory settlement conferences in New York foreclosure cases under New York Civil Practice Law and Rules (CPLR) Rule 3408. Under 2016 amendments to that law, homeowners who attend scheduled settlement conferences should expect the following: The lender sent a representative authorized to agree to The post Foreclosure Settlement Conferences in New York – Part Two: What Constitutes Good Faith Negotiations? first appeared on Long Island Bankruptcy & Foreclosure | Law Firm.
- How Can a Defendant Successfully Challenge the Plaintiff’s Standing in a Foreclosure Action?by ron on April 17, 2019 at 7:37 pm
When a bank files a foreclosure action, you might assume that the institution has a legal interest in the mortgage loan. Otherwise, why would it seek a foreclosure? You would be surprised at the number of lenders and servicers who attempt to file for foreclosure without the legal authority to do so. A homeowner must The post How Can a Defendant Successfully Challenge the Plaintiff’s Standing in a Foreclosure Action? first appeared on Long Island Bankruptcy & Foreclosure | Law Firm.
- Mortgage Modifications During COVID-19by bankruptcy_admin on October 9, 2020 at 7:19 am
Pre-COVID: Mortgage Modifications Agreements in General If you’re struggling to keep up with mortgage payments and are seeking ways to avoid foreclosure, there are a couple of ways that could offer the help you need. First, being a mortgage modification, which is a change to the repayment terms on your existing home loan that lowers your The post Mortgage Modifications During COVID-19 first appeared on Long Island Bankruptcy & Foreclosure | Law Firm.
- Restoring Inactive Foreclosure Actions in New Yorkby ron on April 1, 2019 at 6:30 pm
New York legislators have made efforts to prevent a “shadow docket” and backlog of inactive foreclosure cases. After the housing crisis hit, many banks began filing foreclosure actions before they had the necessary documentation to support standing and other aspects of the claim. In 2013, New York passed CPLR § 3012-b, which required that banks The post Restoring Inactive Foreclosure Actions in New York first appeared on Long Island Bankruptcy & Foreclosure | Law Firm.
- Standards, Timing, and Procedure on Appealby ron on May 28, 2019 at 7:29 pm
Once the New York Supreme Court enters a judgment of foreclosure against you, you may think that you have no option but to start packing and lose ownership of your home. However, courts can make errors in foreclosure cases just like in any other type of civil case. If a judgment was based on wrongful The post Standards, Timing, and Procedure on Appeal first appeared on Long Island Bankruptcy & Foreclosure | Law Firm.
- The Law Office of Ronald D. Weiss Can Assist with Coronavirus Foreclosuresby bankruptcy_admin on October 9, 2020 at 6:50 am
Coronavirus and Foreclosures in NYS With so many Americans suddenly unemployed due to COVID-19, a huge number of homeowners are unable to make their mortgage payments, forcing people to go into foreclosure. Governor Andrew M. Cuomo first announced a New York State moratorium on residential and commercial foreclosures on March 20, 2020 to ensure people were not evicted during the height The post The Law Office of Ronald D. Weiss Can Assist with Coronavirus Foreclosures first appeared on Long Island Bankruptcy & Foreclosure | Law Firm.
- Are Hold Harmless Agreements Enforceable?by lawhukukinet on May 15, 2019 at 2:07 pm
When you sign yourself or your child up to participate in a sports or recreation activity you may have noticed a rise in the number of companies that require you to sign a document before you participate. Exculpatory contracts, or … Continue reading → The post Are Hold Harmless Agreements Enforceable? first appeared on Legal News Directory.
- CBS Evening News “Life and Debt” Three Part Series on Student Loan Debtby lawhukukinet on May 19, 2019 at 8:07 am
CBS interviewed us and our class action co-counsel, Gus Centrone of Centrone & Shrader, P.A., as background for their recent three part Eye on America story focusing on the student debt crisis. Per Seth Frotman, formerly with the CFPB, there … Continue reading → The post CBS Evening News “Life and Debt” Three Part Series on Student Loan Debt first appeared on Legal News Directory.
- College Scorecard Helps Students Decide on Collegesby lawhukukinet on May 18, 2019 at 5:07 pm
Fox 13 interviewed us in connection with their terrific story yesterday on the College Scorecard: College Scorecard a Wealth of Information on Every College and University in the Country. Anyone with a high school student or someone bound for college, … Continue reading → The post College Scorecard Helps Students Decide on Colleges first appeared on Legal News Directory.
- How is Property Divided in a Divorce in Alabama?by lawhukukinet on May 16, 2019 at 8:07 pm
One question that many clients have when they ask about divorce is how their property will be divided. This question can cause a lot of stress during the divorce process, but the best way to ensure both parties get what … Continue reading → The post How is Property Divided in a Divorce in Alabama? first appeared on Legal News Directory.
- How to Stay Safe on a Bicycle in Georgiaby lawhukukinet on May 14, 2019 at 8:09 am
Cycling is becoming increasingly popular in Georgia as well as the rest of the country. However, bicyclists are extremely vulnerable on the state’s roads. If you are on two wheels, it’s important to know how to stay safe on a … Continue reading → The post How to Stay Safe on a Bicycle in Georgia first appeared on Legal News Directory.
- Judge Sontchi (Bankr. D. Del.) Holds That Bankruptcy Courts May Enter Final Judgment on Core Fraudulent Transfer Claims Against Party With No Filed Claimby lawhukukinet on May 19, 2019 at 11:07 pm
Written by Daniel N. Brogan A recent decision by Judge Sontchi for the Bankruptcy Court for the District of Delaware in Paragon Litigation Trust v. Noble Corp. plc (In re Paragon Offshore, plc, et al.), Adv. Proc. No. 17-51882 (CSS) … Continue reading → The post Judge Sontchi (Bankr. D. Del.) Holds That Bankruptcy Courts May Enter Final Judgment on Core Fraudulent Transfer Claims Against Party With No Filed Claim first appeared on Legal News Directory.
- Student Loan Repayment Tips for After Graduationby lawhukukinet on May 18, 2019 at 8:04 am
Federal Student Loan Repayment TipsIf you are graduating in May or June and have student loan debt, then you should have a repayment strategy in place. There are different rules for federal and private student loans, which means your strategy … Continue reading → The post Student Loan Repayment Tips for After Graduation first appeared on Legal News Directory.
- The Most Common Kind of Aggressive Driving Accidents in Georgiaby lawhukukinet on May 16, 2019 at 5:07 am
Aggressive driving accidents in Georgia occur far too often on the crowded interstates around Atlanta and on rural roads. We often read about road rage crashes. However, aggressive driving may not be synonymous with road rage. It can include speeding, … Continue reading → The post The Most Common Kind of Aggressive Driving Accidents in Georgia first appeared on Legal News Directory.
- The Student Borrower Bankruptcy Relief Act of 2019by lawhukukinet on May 14, 2019 at 11:07 pm
WASHINGTON – U.S. Senators Dick Durbin (D-IL) and Elizabeth Warren (D-MA), and U.S. Representatives Jerrold Nadler (D-NY-01), and John Katko (R-NY-24) today introduced a bicameral bill that would give Americans overwhelmed by student loan debt the option of obtaining meaningful … Continue reading → The post The Student Borrower Bankruptcy Relief Act of 2019 first appeared on Legal News Directory.
- Tom Ajamie Appears on MSNBC’s Velshi & Ruhleby lawhukukinet on May 17, 2019 at 11:07 am
In a spirited discussion on MSNBC’s Velshi & Ruhle program on May 15, 2019, Tom Ajamie discussed how President Trump’s tweets drive the financial markets and the potential legal jeopardy for Trump and people in his inner circle. “Look, he … Continue reading → The post Tom Ajamie Appears on MSNBC’s Velshi & Ruhle first appeared on Legal News Directory.
Chicago Bankruptcy Lawyer
Consumer and corporate bankruptcy firm specializing in chapter 7, 11 and 13 bankruptcies, as well as corporate dissolutions in Illinois.
- Arlington Heights Bankruptcy Lawyerby admin on August 28, 2015 at 12:02 pm
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- Buffalo Grove Bankruptcy Lawyerby admin on August 28, 2015 at 11:50 am
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- Cary Bankruptcy Lawyerby admin on August 28, 2015 at 11:57 am
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- Chicago Bankruptcy Lawyerby admin on August 28, 2015 at 11:53 am
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- Hoffman Estates Bankruptcy Lawyerby admin on August 28, 2015 at 12:10 pm
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- Important Questions to Ask Your Bankruptcy Lawyerby John Redfield on December 13, 2019 at 9:47 am
Debt, especially when it is more than you can handle, is one of the most stressful things you can face in life. A Chicago, IL bankruptcy lawyer can help you get a handle on debt and start fresh with your finances. Having a list of questions ready for your initial meeting with a Chicago, IL The post Important Questions to Ask Your Bankruptcy Lawyer appeared first on Redfield Association.
- Libertyville Bankruptcy Lawyerby admin on August 28, 2015 at 11:47 am
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- Long Grove Bankruptcy Lawyerby admin on August 28, 2015 at 11:59 am
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- Redfield Sets Precedent in Chapter 13 Bankruptcyby admin on August 28, 2015 at 12:07 pm
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- THE NEW SMALL BUSINESS REORGANIZATION ACTby John Redfield on January 8, 2020 at 11:31 am
In a hope to streamline the bankruptcy process for insolvent small businesses and rehabilitate their financial affairs under Chapter 11 bankruptcy, Congress enacted the Small Business Reorganization Act of 2019. This act will go into effect on February 19, 2020. The act contains a new subchapter V for Chapter 11 small business debtors, which allows The post THE NEW SMALL BUSINESS REORGANIZATION ACT appeared first on Redfield Association.