By: Allen A. Kolber, Esq.  Last week the Federal Bankruptcy Judge in White Plains, NY issued a warning that many people are filing emergency Bankruptcy cases to stop foreclosure sales.  The Bankruptcy Court warned that these individuals were abusing the system by paying only a partial filing fee, failing to file the required documents and […]

Bankruptcy Courts start to chisel away at the non-dischargeability of student loans: Under the Bankruptcy Code, Congress created certain exceptions to discharge of debt.   Student loans are specifically excepted from discharge under Sections 523(a)(8)(A)(ii) and 523(a)(8)(B): “(a) A discharge under section727,1141,1228(a),1228(b), or1328(b)of this title does not discharge an individual debtor from any debt— (8) […]

Under the current NY law, every Foreclosure lawsuit that affects a residential property must be assigned to the Foreclosure Settlement Conference Part before the bank can proceed to the actual Foreclosure and Sale.  The purpose of the Settlement process is to allow the Homeowner to apply for a loan modification, and to require the bank […]

DEFENDING A FORECLOSURE LAWSUIT – 101 WHAT TO DO WHEN YOU ARE SERVED WITH A FORECLOSURE LAWSUIT A foreclosure lawsuit is like any other lawsuit.  It is the same as being sued for a personal injury or breach of contract case.  Under NY law, when a person is sued, she has 20-30 days to “Answer” […]

Bankruptcy Advice…….. Bankruptcy and your Credit Score: Four common myths surrounding Bankruptcy: Bankruptcy will destroy my credit forever – false I will not be able to get credit for the next 10 years – false I will never be able to lease a car or get a car loan – false I will never be […]