Tag: Mineola

Bankruptcy Bias For Blacks

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

Bankruptcy Bias for Blacks

A recent NY Times article discusses a recent study of racial differences in bankruptcy filings that shows a bankruptcy bias for blacks:

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.

New York Bankruptcy Attorneys

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

Familial Exception to Evictions

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

Familial Exception to Evictions

Familial Exception to Evictions

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.  This familial exception to evictions applies 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 the familial exception to evictions 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.

Landlord Tenant Attorneys in Mineola

Please feel free to call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 to speak with a Landlord Tenant Attorney.

Purchasing a Small Business

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

Purchasing a Small Business

Purchasing a Small 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 & Prakope, PLLC is here to assist you.

I-485 Adjustment of Status

On July 5, 2011, in Immigration, by John A. Weber IV, ESQ.

I-485 Adjustment of Status

Recently, we have been receiving questions concerning the adjustment of status requirement for obtaining a Green Card.  When applying for a Green Card, you must first adjust your status from that of non-immigrant to permanent resident of the United States by filing an I-485 Application.  Where one files is determined by their category of eligibility.  Depending on their situation, one may have to file in Chicago, Vermont, Phoenix, Dallas or Nebraska.  The usual filing fee is over $1000 unless you fall under an exception such as age, refugee status, etc.  It is difficult to determine how long it will take to receive approval for an I-485 Application.  The process depends on many factors including petition category and security background checks.  You can check the status of your I-485 Application online, by phone/email or in person.  Not everyone is eligible to apply for Adjustment of Status including but not limited to persons not admitted or paroled following inspection by an immigration officer or someone whose authorized stay expired before filing their I-485 or cases of unauthorized employment.  Although not essential, it may often be beneficial for applicants to attain an Employment Authorization Document (EAD) or Advance Parole (AP) travel document.  In addition, drug or alcohol related offenses as well as arrests must be reported on the I-485 application.  If all of the paperwork is in order and satisfactory, it shouldn’t be long before one may receive their Green Card.   As always, if you have any questions regarding the immigration process, please feel free to call us at (516) 858-2620!

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