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Recent Posts in Chapter 13 Category

  • Will Filing for Bankruptcy Ruin My Credit Score?

    || 30-Apr-2014

    It is quite common for people to wonder about the effect bankruptcy will have on their credit score. Filing for bankruptcy is not a decision that should be made lightly. The magnitude of the impact will depend on the state of your credit prior to your filing for bankruptcy. If you have a lot of delinquent accounts, you have only been making minimum payments or less, and you have become unable to ...
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  • Can Chapter 13 Bankruptcy Save My Home?

    || 21-Jan-2014

    If you are struggling with keeping your mortgage payments current, eventually you will face foreclosure. The absolute dread and fear that people experience in this position is extremely stressful, and no day goes by without worry about what will happen next. If you are interested in taking action to avoid foreclosure on your home, it is time to discuss filing Chapter 13 bankruptcy. Chapter 13 is ...
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  • What is the Difference Between Chapter 7 and Chapter 13?

    || 7-Jan-2014

    The major difference between seeking bankruptcy protection under Chapter 7 and Chapter 13 is that a Chapter 7 bankruptcy will actually discharge, or wipe out, many unsecured debts while a Chapter 13 bankruptcy sets up a payment plan whereby the debtor has 3 to 5 years to catch up on payments. In a Chapter 7 bankruptcy, you are able to keep certain types of property that are exempt, such as the ...
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  • Proof of Claim Was Not Filed

    || 23-May-2012

    May 23, 2012. Westchester County, NY. In court today at the White Plains Division of the Southern District HSBC was advised that because they failed to file a proof of claim that the debtor would only have to make adequate assurance payments for the term of the 5 year plan. Judge Drain stated that adequate assurance payments based upon the depreciation of the property over the five years of the ...
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  • Chapter 13 Loan Modification saving $300 per month and capitalizing $15,000 of arrearage

    || 15-May-2012

    For these particular clients who were in Chapter 13, the bank delayed and delayed. The bank continually asked for more documentation and upon our providing same would spend months reviewing it. Finally, at a loss mitigation status report in bankruptcy court Judge Drain told bank's counsel that if they asked for one more piece of paper they would be required to have a bank officer appear. Three ...
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  • Chapter 20 Loan Modification saving $770 per month

    || 11-May-2012

    A Westchester County bankruptcy lawyer loves doing Chapter 13 bankruptcies for our clients. Although our clients are never happy to have to consult a bankruptcy attorney we try to make the experience as pleasant as possible. Our team of attorneys and legal assistants is very caring and we establish personal relationships with many of our clients. We serve the local community and are very happy to ...
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  • How Does Bankruptcy Help Home Owners?

    || 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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  • What are the Main Areas in Which the Firm Practices?

    || 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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  • Chapter 13 Plan Confirmation Hearings in the Southern and Eastern Districts of New York

    || 6-Dec-2010

    Our clients were scheduled to have their Chapter 13 Plan confirmed at 10:00 AM last Friday. The Judge's calendar was posted and there were over 60 clients scheduled for the same time. Out of 28 pages, my clients were listed on page 22. Unfortunately, the way the calendar works, you have to be there on time and you have to wait until your case is called. Having over 3 hours to observe the other ...
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  • Bankruptcy Filings Are Up

    || 30-Nov-2010

    Bankruptcy cases filed in federal courts for fiscal year 2010, the 12-month period ending September 30, totaled 1,596,355. This represents a 13.8 percent increase over the fiscal year 2009 bankruptcy filings of 1,402,816, according to statistics released [November 8, 2010 ]by the Administrative Office of the U.S. Courts." What accounts for this increase in bankruptcies? It is certainly apparent to ...
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  • CHAPTER 13: To Save Your Home From Foreclosure

    || 21-Sep-2010

    Many people have attempted some sort of loan modification either on their own or with the help of paid professionals in order to head off a foreclosure on their homes. A loan modification can lower interest rates (thus lowering monthly payments) and tack mortgage arrears to the back of the loan, extending its term. When a loan modification is granted it is a boon to the consumer who cannot ...
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