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:

As various bloggers did (such as Chris Brogan and Christopher S. Penn), so am I: if you read this blog on Google Reader, it’s going away on July 1. The blog will keep going, but Google Reader will be shutting down.
How else can you get the blog? Here are some options:

Here’s an email I got on Friday, March 15 2013.
I started the bankruptcy process with your office in 03/2012 and stopped the process.  That was a wrong decision!!!  My house is scheduled for foreclosure on Monday 03/18/13 and I have tried working with Wells Fargo to postpone the sale.  NACA and Senator Mark Warner’s office also joined me to work with Wells Fargo but they are slow to give me a decision.  Can you help me stop the foreclosure?