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Blog Posts in 2011

  • Chapter 7 Bankruptcy May Not Be Right For You

    Posted By Westchester Bankruptcy Lawyer || 30-Nov-2011

    If you are trying to decide if you should file for Chapter 7 bankruptcy, you must first decide if it makes financial sense. To start, you need to determine if your debts are mainly of the type that require a judgment, and if you have any property or income that can be seized by creditors if they obtain a judgment. If your property is exempt and your income comes from Social Security, your ...
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  • Foreclosure Defense - Part 5 - Bankruptcy

    Posted By Bronson Law Offices || 26-Oct-2011

    While many homeowners may not have considered it, bankruptcy can also be a useful tool in fighting a foreclosure. In a case where a homeowner may not be financially able to keep their home, a Chapter 7 can help to stave off a foreclosure sale, and allow the homeowner to surrender the property and owe nothing more. A Chapter 13 bankruptcy can be a useful tool to fight a foreclosure where the ...
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  • Foreclosure Defense - Part 4 - Foreclosure Conference

    Posted By Bronson Law Offices || 21-Oct-2011

    Many counties throughout the Tri-State area have now instituted a procedure by which a homeowner and the bank or other financial institution attempting to foreclose on the home participate in a series of foreclosure conferences, attended generally by the attorney for the bank and either the homeowner, or the homeowner's attorney, though our office always encourages the homeowner to attend as ...
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  • Foreclosure Defense - Part 3 - Discovery

    Posted By Bronson Law Offices || 18-Oct-2011

    Discovery is the process by which a homeowner is able to request certain documents from the bank or other financial institution that is attempting to foreclose on their home. There are numerous laws that have been passed in an effort to protect homeowners and force banks to produce certain documents related to the homeowner's mortgage, including the Real Estate Settlement Procedures Act ...
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  • Foreclosure Defense - Part 2 - The Motion to Dismiss

    Posted By Bronson Law Offices || 14-Oct-2011

    In a foreclosure case, a motion to dismiss may be a tool to combat against foreclosure depending on a homeowner's situation. When a homeowner facing foreclosure comes to our office, we analyze each homeowner's unique situation to determine whether this is a potential tool to combat a foreclosure action. However, an attorney's options may be severely limited if a homeowner has ...
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  • Foreclosure Defense- Part 1 - The Answer

    Posted By Bronson Law Offices || 11-Oct-2011

    There are numerous reasons why homeowners may find themselves facing foreclosure, especially in today's economic times. Loss of a job, an illness, or other unexpected expenses can sometimes lead homeowners to find themselves behind in their mortgage payments. As a homeowner potentially facing foreclosure, you may receive numerous letters and other notices from your bank. Once a homeowner falls ...
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  • Second Mortgages

    Posted By Westchester County Law Firm || 20-Sep-2011

    Many people have taken out home equity loans or second mortgages. Second mortgages can be modified the same way first mortgages. Hamp has a provision for second mortgage modifications. In a Chapter 13 bankruptcy it is possible to strip the second mortgage from the house and make it like unsecured debt. It is conceivable that the client would only have to repay 5 to 10% of the second mortgage in a ...
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  • The Likelihood of Success of Loan Modification or Loss Mitigation.

    Posted By Westchester County Bankruptcy Attorney || 19-Sep-2011

    While the banks put homeowners through many hurdles on the way to obtaining a loan modification, if one is persistent enough and has the wherewithal to make the modified loan payment, eventually loan modifications are granted. When dealing directly with the clients the lenders provide very little guidance as to how to complete the forms. Most clients want to be honest so they just give the bank ...
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  • Types of Loan Modifications

    Posted By Westchester County Debt Relief Lawyer || 17-Sep-2011

    There are two basic types of loan modifications- Hamp (the government modification plan) and traditional modifications. The government HAMP program works very well once you qualify. Basically to qualify for HAMP the lender will have had to have borrowed from the government, which is most of the major banks with the exception of HSBC. There are many rules and limitations that can be seen on the ...
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  • Is the Housing Crisis over?

    Posted By Westchester County Bankruptcy Lawyer || 16-Sep-2011

    We believe that the housing crisis has not reached its peak as of yet. While foreclosures and foreclosure sales have slowed in recent months they will increase once the legal hurdles that have been encountered are straightened out. For instance the Robo-signing was unnecessary and the banks attorneys have figured out how to avoid the problems they were having. There are issues with MERS, but it is ...
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  • How Does Bankruptcy Help Home Owners?

    Posted By Westchester County Bankruptcy Attorney || 14-Sep-2011

    Bankruptcy stops foreclosure, pure and simple. Prior to a sale a bankruptcy filing causes the automatic stay to be implemented and no sale or foreclosure can take place for a period of time. During this period we work with the client to modify their mortgages so that they can capitalize any amounts owed and reduce the monthly payments. In a Chapter 13 bankruptcy the Southern and Eastern Districts ...
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  • Do People Have to Give up Their Cars, Houses and Other Assets in a Bankruptcy?

    Posted By Westchester County Debt Relief Lawyer || 13-Sep-2011

    In most cases, there is no reason why you need to give up your personal assets when it comes to filing for bankrutpcy. We would not recommend bankruptcy if our clients had to give up substantial assets; we would recommend a Chapter 13 where they can keep their assets and repay a portion of their debts. In New York, since the beginning of the year, we have had these great exemptions that allow ...
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  • Does Bankruptcy Impose a Stigma?

    Posted By Westchester County Debt Attorney || 12-Sep-2011

    Bankruptcy should be viewed as a legal right where people undergoing financial stress have an outlet to fix their problems. Businesses utilize bankruptcy to better their position and end up being even more profitable. Bankruptcy is a tool and if you can benefit from it, you should utilize it. At least you should know your options. What I tell clients is that the government gave billions of dollars ...
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  • Help For a Client in Foreclosure?

    Posted By Westchester County Debt Relief Attorney || 9-Sep-2011

    Our Westchester County bankruptcy attorney s have a number of different strategies that we utilize based on the clients goals. If the client has realistic goals sometimes we are merely trying to keep the client in the home for as long as possible. Other times we can actually design a strategy to modify the loan or repay the past due mortgage amount. We can help a client defend the foreclosure and ...
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  • How Are We Different From Other Attorneys?

    Posted By Westchester County Bankruptcy Attorney || 6-Sep-2011

    We believe we can be distinguished from other attorneys practicing in this area because we enjoy what we do. Our Westchester County bankruptcy lawyers love to educate our clients and spend a considerable amount of time trying to figure out strategies for them even before we are hired. Our legal team spends a generous amount of time during the free consultation and even when we can't help a ...
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  • What are the Main Areas in Which the Firm Practices?

    Posted By Westchester County Bankruptcy Lawyer || 6-Sep-2011

    Bankruptcy is our primary focus. Our Westchester County bankruptcy lawyers counsel people regarding their financial situation to determine if bankruptcy is right for them. We then prepare the proper documents and walk our clients through the bankruptcy process. We are very good at making our clients feel comfortable during what they perceive as a very nerve racking experience. Chapter 7 bankruptcy ...
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  • The Honest Debtor Gets the Discharge

    Posted By Bronson Law Offices || 4-Apr-2011

    Every bankruptcy requires a meeting with the trustee for the mandatory examination commonly known as the 341 meeting. For most clients this meeting is very short and the questions and answers are fairly mundane. Some clients however have more complicated situations and the goal of our office is to prepare the petition with as much helpful disclosure as possible in order to avoid lengthy ...
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