Recent Blog Posts

How to File Business Bankruptcy in NY
If your business is struggling with limited income and excess liability, you may need to file for business bankruptcy. Picking the right form of bankruptcy and going through the bankruptcy process can be complex and labor-intensive, but it may be the thing that saves your business or personal finances. Read on for an explanation… Read More »

The Difference Between Consumer Debt and Business Debt
For millions of Americans drowning in debt, Chapter 7 bankruptcy provides a means to obtain financial relief and a pathway to start over. Not all debtors are eligible for Chapter 7 relief. Debtors who file for Chapter 7 bankruptcy typically must satisfy the “means test” to demonstrate that they are the kind of debtor… Read More »

How Long Does a Creditor Have to File a Debt Collection Lawsuit?
Just about every legal claim has a time limit, known as the “statute of limitations.” Whether it’s a civil claim concerning a personal injury matter or a breach of contract, or even criminal liability, the law imposes a time frame within which the claim must be brought. Debt collection is no different. Creditors must… Read More »

Misguided Fear Of Bankruptcy Keeps Many From Filing; Waiting Too Long Could Prove Harmful
The mystery isn’t why so many people file for bankruptcy each year. It’s why more people don’t. Each year, only a fraction of the Americans who could benefit financially from bankruptcy actually seek relief. Economists say some don’t file because collectors aren’t aggressively pursuing them, while others may strategically delay filing because bankruptcy could… Read More »

New York AG Secures $330 Million in Debt Relief for Former ITT Students
Student loans make up an astounding $1.5 trillion in consumer debt across the United States, shared among more than 44 million borrowers. The previous federal administration had begun taking steps towards securing relief for student borrowers still struggling with their loans years later, and in particular for students who were defrauded by unscrupulous for-profit… Read More »

What is the Exempt Income Protection Act (EIPA), and How Does it Protect Against Debt Collection?
Millions of Americans around the country are struggling with debt each year. The COVID-19 coronavirus pandemic has only made matters worse, causing a significant portion of the population to lose a chunk of their income, if not their jobs. New York has laws in place to ensure that people are not left destitute even… Read More »

Bankruptcy and the Government’s Response to COVID-19
As sad as it may seem, it should come as no surprise to learn that bankruptcy filings are up across the board. Businesses large and small and individual households have all been hit hard financially by the coronavirus, even if their personal health has been spared. Businesses have been forced to close, and people… Read More »

What Are the Six Different Types of Bankruptcy?
The federal Bankruptcy Code provides for multiple different types of bankruptcy for debtors. The different types, or “chapters,” are available to different debtors depending on the nature and the means of the debtor as well as the type and amount of debt involved. Read on to learn about the types of bankruptcies and their… Read More »

Are My Student Loans Dischargeable in Bankruptcy?
The coronavirus pandemic is wreaking havoc on the U.S. economy, shutting down businesses and destroying savings. If you are struggling financially just to buy food and keep the lights on, keeping up with your student loan payments might be out of the question. Student loan debt is one of the biggest contributors to consumer… Read More »

What is the Serious Injury Threshold in New York?
New York is one of a few states that employs a “no-fault” insurance system for traffic accidents. In most states, the driver who caused a crash will be responsible for paying for the damages. In New York, drivers in an accident will generally file a claim with their own insurance provider, regardless of who… Read More »