Bankruptcy Attorney New york

If you are buried under debt and need a way out, hiring a bankruptcy attorney in may be the best option for you. With the help of an experienced attorney, you can be victorious in your legal battle! However, before filing for bankruptcy, you should do a little research and learn more about it. You may get unreliable information from some sources, especially on the internet. This article is written by an experienced bankruptcy attorney in Long Island to clear the confusion of some myths surrounding bankruptcy.

Let’s take a look at a couple of common bankruptcy myths that you may encounter:

  • Myth – Bankruptcy Ruins Your Credit
  • Truth – Actually, filing for bankruptcy can save your credit. If you are mired in debt, chances are your credit has already been hit! To save your credit score in the long run, filing bankruptcy can help if it enables you to make timely payments on your obligations moving forward. Once your bankruptcy discharge is awarded, you can start rebuilding your credit.
  • Myth – Filing For Bankruptcy Will Take Away Your Prized Possessions
  • Truth – This question related to bankruptcy is commonly asked during a free consultation with attorneys in New York. Filing for bankruptcy doesn’t mean your car, house, and other personal assets would be automatically taken away from you. Allowing for some exemptions, personal bankruptcy can help you preserve some of your property.  Pre-bankruptcy planning can be very effective in this regard.

These are the two main myths that often prevent people from filing a bankruptcy!

If you are concerned about getting out from underneath your debts, filing for bankruptcy with the right legal assistance is the right step to take. Don’t waste your precious time while stressing over these silly myths! If you are having concerns, relax and contact the Law Firm of Vaughn, Weber & Prakope, PLLC, an experienced group of bankruptcy lawyers serving the Bronx, New York, Brooklyn, Queens, Nassau County, Long Island, Manhattan, and Staten Island.

 

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On October 19, 2012, in Bankruptcy, Foreclosure, by Robbie L. Vaughn, Esq.

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Bank of America mortgage forgiveness and bankruptcy

Recently we have written about Bank of America forgiving second mortgages and the National Mortgage Servicer Settlement. Many homeowners facing foreclosure are anxious to find out if their second mortgage will be forgiven by Bank of America.

Well, it appears that one pattern may have emerged. Many homeowners who have already filed bankruptcy are receiving letters stating that their 2nd mortgage will be forgiven. Great news, right? Maybe.  Some of these debtors are in active bankruptcy (chapter 7 & chapter 13). Some debtors have already received a bankruptcy discharge and are no longer personally liable for their mortgages. Other debtors have “stripped” their 2nd mortgages and BOA will likely receive much less than 100% of what is owed on the 2nd mortgage.

Not So Good

  • It appears that BOA may receive credit, against the amount it owes under the National Servicer Settlement Agreement, by forgiving mortgages they can could no longer collect or only collect a portion of. This may lead to fewer distressed homeowners actually benefiting from the Settlement.
  • There may be tax issues (the advice of a tax professional may be necessary).

Good

  • Distressed homeowners who are not in bankruptcy are receiving letters from BOA stating that their 2nd mortgages are being forgiven. This will make it easier for some homeowners to avoid foreclosure.
  • Debtors in bankruptcy who are paying back 100% of the arrears on their 2nd mortgages and their full 2nd mortgage payment have received notification that their loan is being forgiven. This could alleviate the need for a chapter 13 bankruptcy altogether.
  • Some homeowners may find themselves with instant home equity.

Nassau County Foreclosure Attorney

If you have any questions about this or other legal issues, call The Law Firm of Vaughn, Weber & Prakope, PLLC, at 516-858-2620, for a free consultation!

+This is not tax or legal advice.

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Free Foreclosure, Loan Modification and Bankruptcy Assistance

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

Free Foreclosure, Loan Modification and Bankruptcy Assistance

The following article appeared in Today’s New York Newsday:

Nassau County homeowners at risk of losing their homes can get free housing and legal advice on Monday, Oct. 1.

The Nassau County Bar Association will hold its monthly foreclosure clinic from 3 to 6 p.m. at its headquarters at 15th and West streets in Mineola. Volunteer attorneys will offer one-on-one guidance about foreclosure, loan modification and bankruptcy. Federally certified housing counselors will also be available.

Residents who meet income guidelines can meet with Nassau-Suffolk Law Services, which provides reduced-fee legal services.

Attorneys who speak Spanish will be on site, and those fluent in other languages can be made available upon request.

Those attending should bring their mortgage documents to the clinic. Reservations are required, and can be made by calling 516-747-4070.

The Law Firm of Vaughn, Weber & Prakope, PLLC  assists residents of  Nassau county, Suffolk county, Queens, Brooklyn, Bronx, Staten Island, and Manhattan with their bankruptcy filing, loan modification, and foreclosure defense. Call (516) 858-2620 for a FREE consultation!

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On September 19, 2012, in Bankruptcy, by Robbie L. Vaughn, Esq.

Rent Stabilized Status Lost in Bankruptcy

Will filing bankruptcy cause you to lose your rent-stabilized apartment?

Quite possibly.

On April 10, 2012, the United States Bankruptcy Court, S.D. New York ruled that a chapter 7 debtor could not exempt the value of her rent stabilized lease (SeeIn re Santiago-Monteverde, 466 B.R. 621 (Bankr. S.D.N.Y. 2012).  Unfortunately,0n September 10, 2012, the debtor lost her appeal to the United States District Court, S.D. New York.  The District Court affirmed the bankruptcy court’s ruling which rejected the debtor’s argument that the value of her rent-stabilized lease is a qualifying local public assistance benefit under section 282(2) of New York Debtor and Creditor Law.

It appears that the debtor’s chapter 7 case was going rather smoothly until the chapter 7 Trustee received an offer from the Debtor’s landlord to purchase the Trustee’s interest in the Rent-stabilized lease.  This set off a chain of events which, for the time being, have resulted in the debtor potentially being forced out of her rent-stabilized apartment.

Thus, until legislation is enacted which allows debtors to safely exempt the value of their rent stabilized lease, bankruptcy practitioners will have to tread carefully when dealing with a debtor who leases a rent-stabilized apartment.

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If you would like more information regarding the subject of this post or a free consultation with a bankruptcy attorney, call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620.

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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