Before Bankruptcy

June 14, 2013

Do I Have to Go to a Class to File for Bankruptcy in New York?

Clients often tell me that they heard from a friend that you have to go to a class before you file for bankruptcy. When people hear that they have to go to a “class” – they think that they are going to have to go to a school and listen to a teacher teach a course.  […]
May 8, 2013

Will my spouse be affected if I file bankruptcy?

People are often worried that if they file for bankruptcy it will affect their spouse.  Whether this will happen depends on one key question:           Does your spouse also owe the debt?  Or, did your spouse co-sign for your debt? If the answer is no, there is no problem.  Your spouse does not have to pay […]
April 30, 2013

What is It Like to Go To Bankruptcy Court in New York?

Many of my bankruptcy clients have never been in any court before filing for bankruptcy.  Understandably, they are nervous about going to court.  Their idea of court is the classic view of a Judge with gray hair, in a black robe, sitting high behind a tall desk, with an American flag, with court officers on either […]
March 4, 2013

Bankruptcy Can Help With PayDay Loans That Ripoff Consumers

Payday loans are a trap that catches many struggling consumers.  Thankfully, many consumers can protect themselves with Chapter 7 bankruptcy and erase these debts. On February 27, 2013, the New York Times wrote an article on the dangers of payday loans.  They reported that: “People use payday loans to avoid borrowing from family and friends, and […]
February 26, 2013

Can I keep a credit card if I file bankruptcy?

One of the questions I am asked most often is: Can I keep a credit card if I file bankruptcy?  Many people can’t imagine living without at least one credit card. The answer to the question is:  No, you can not keep credit card debt off your bankruptcy.  The Bankruptcy Code requires that all creditors be […]
February 1, 2013

Before Bankruptcy: Can I be arrested if I ignore a summons from a credit card company?

People often ask me if they can be arrested if they ignore a summons from a credit card company.   In New York, the answer to this question is no.  In New Jersey, the answer is yes in some cases, but it can easily be avoided. This is a good question.  The Wall Street Journal found that over […]