Bankruptcy case dismissed, now what?

On January 26, 2012, in Bankruptcy, by Robbie L. Vaughn, Esq.

My bankruptcy case was dismissed, now what? 

After a dismissal, your bankruptcy case will be closed. The bankruptcy will be over unless/until a motion is made and granted reopening the case. Depending on the reason your case was dismissed, you may/may not be able to file another bankruptcy case right away. If you are able to file again, the length of the Automatic Stay might be an issue for you. A motion may have to be made to extend the length of the stay (your bankruptcy attorney will advise you about this issue).

As always, the Law Firm of VAUGHN & WEBER, PLLC is here to assist you.  We are conveniently located in the heart of Nassau County, Long Island, at 393 Jericho Tpke., #208, in Mineola, NY.  Contact us at (516) 858-2620 to arrange a consultation with a bankruptcy attorney.

 

Bankruptcy Bias For Blacks

On January 26, 2012, in Bankruptcy, by Robbie L. Vaughn, Esq.

A recent NY Times article discusses a recent study of racial differences in bankruptcy filings:

The study of racial differences in bankruptcy filings was written by Robert M. Lawless, a bankruptcy expert and law professor, and Dov Cohen, a psychology professor, both with the University of Illinois; and Jean Braucher, a law professor at the University of Arizona.

A survey conducted as part of their research found that bankruptcy lawyers were much more likely to steer black debtors into a Chapter 13 than white filers even when they had identical financial situations. The lawyers, the survey found, were also more likely to view blacks as having “good values” when they expressed a preference for Chapter 13.

This is news to me! As a NY Bankruptcy Attorney this has not been my experience, but I did find the article interesting and look forward to reviewing the study. I can assure you that bankruptcy can be a very difficult area of law (even for attorneys). There are many factors that need to be considered when deciding which bankruptcy chapter is best for you. No one should be steered into any chapter of bankruptcy! Make sure your bankruptcy attorney is a member of NACBA (National Association of Consumer Bankruptcy Attorneys). Also consult with several attorneys if possible (most offer a free consultation). We have no problem providing a free consultation to answer your general questions. We also have answers to frequently asked bankruptcy questions right here on this site.

As always, the Law Firm of VAUGHN & WEBER, PLLC is here to assist you.  We are conveniently located in the heart of Nassau County, Long Island, at 393 Jericho Tpke., #208, in Mineola, NY.  Contact us at (516) 858-2620 to arrange a FREE consultation with a bankruptcy attorney.

Familial Exceptions to Evictions

On December 8, 2011, in Landlord-Tenant, by John A. Weber IV, ESQ.

Although unfortunate, there are many situations where a person may wish to evict a family member from their property.  It seems that a very common misconception exists.  It seems that most people think that if the family member is over the age of 21, they can be evicted by simple summary proceedings.  This is not the case at all.  These special cases fall under what is known in New York as the Familial Exceptions to Evictions by Summary Proceedings.  These exceptions apply to designated types of relationships which have developed over time through case law.  If the type of relative that you are attempting to evict falls within these exceptions, the eviction process changes entirely.  It is important to be aware of these exceptions before an action is commenced to avoid unnecessary delays and costs.  As always, the best way to avoid these pitfalls is to consult with an attorney before proceeding.  Please feel free to call (516) 858-2620 to speak with a Landlord Tenant Attorney.

The Law Firm of VAUGHN & WEBER, PLLC is here to assist you.  We are conveniently located in the heart of Nassau County, Long Island, at 393 Jericho Tpke., #208, in Mineola, NY.  Contact us at (516) 858-2620 to arrange a consultation.

Purchasing a Small Business?

On December 7, 2011, in Corporate, by John A. Weber IV, ESQ.

Buying an existing business?

Recently, there have been a number of clients who have had questions about purchasing a business.  There seems to be a few misconceptions regarding the types of agreements and the resulting tax consequences for each.  The first thing that should be stated is that the agreement being used will depend largely on the size of the business being transferred.  A publicly traded company is sold under terms and conditions which vary greatly from those under which a corner market is sold.  The inclusion or exclusion of company assets and employees also has an effect on the agreement.

As always it is prudent to speak to an attorney before entering into any agreement to buy or sell a business.  Seeking the advice of an accountant will also prevent a lot of trouble later on.   Please feel free to call (516) 858-2620 to speak with an attorney who can assist you in drafting a business purchase contract!

The Law Firm of VAUGHN & WEBER, PLLC is here to assist you.  We are conveniently located in the heart of Nassau County, Long Island, at 393 Jericho Tpke., #208, in Mineola, NY.  Contact us at (516) 858-2620 to arrange a consultation.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. This website is Attorney Advertising. It does not form an attorney-client relationship. We are a debt relief agency and a law firm that helps people file for bankruptcy relief under the U.S. Bankruptcy Code – Title 11. Prior results do not guarantee a similar outcome. Proudly assisting residents of Long Island, Nassau county, Suffolk county, New York City, Queens, Brooklyn, Bronx, Staten Island, Manhattan