If you file bankruptcy, you need to send in proof of your income.  For most people, that means your pay stubs.   Section 521 of the Bankruptcy Code requires people to send in at least two month of their “payment advices“–meaning pay stubs–received from your “employer.” What if you are self employed?   You don’t [...]The post Filing Bankruptcy and self employed?

You never thought bankruptcy would give you too much.  But sometimes it does.

If you’re wondering whether you can get can tax debt eliminated in bankruptcy, you’ll need to review several factors to learn if your debt qualifies.  Chapter 7 and Chapter 13 bankruptcies may help you deal with your debt in different ways.  In order to understand your options in detail and learn if bankruptcy is an [...]

A debtor’s funds held in a Health Savings Account (“HSA”) or Flexible Spending Account (“FSA”) do not appear to be exempt under either New York state exemption law or Section 522 of the Bankruptcy Code. This means that a debtor with a Health Savings Account or Flexible Spending Account might find the funds liquidated by... Read More »

A debtor’s funds held in a Health Savings Account (“HSA”) or Flexible Spending Account (“FSA”) do not appear to be exempt under either New York state exemption law or Section 522 of the Bankruptcy Code. This means that a debtor with a Health Savings Account or Flexible Spending Account might find the funds liquidated by a Chapter 7 Trustee.

How can you know if bankruptcy is right for you if you don’t know how much you make?
An important part of the decision to file for bankruptcy involves your income, your expenses, your debts and your property.  You need to know what’s coming in on a monthly basis before you can determine whether paying your debts is outside your ability.

If you’re reading this blog because you are facing foreclosure, you may have already spent some time on the internet researching ways to help you keep your house. Probably you have found a variety of lawyers and non-lawyer websites touting miracle “solutions” that will allow you to “prove” that your mortgage servicer lacks the right to foreclose on you.

One of the more frustrating parts of bankruptcy practice occurs when I have to tell a prospective client that he cannot file because

Your mortgage lender is demanding that you “reaffirm” a mortgage note on your residence in your bankruptcy case. Should you agree to do so? First the basics: There are two parts to your agreement with the mortgage lender regarding your residence.

The Casey Anthony bankruptcy is a good illustration of the two immutable rules of bankruptcy: