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Changes to the Bankruptcy Means Test as of April 1, 2013 13 Apr 2013 | 05:16 am

Once again, the means test figures for median income have changed as of April 1, 2013. In New York, it means that the amount of income that the debtor can have before being forced into a Chapter 13 Ba...

Dischargeability of Debt and Objections by Creditors 25 Mar 2013 | 05:11 am

When debtors meet with me and tell me that they want to file for bankruptcy, I ask them questions about their debts, assets, and their financial affairs over the last few years. I also ask is how long...

Top Five Things Not To Do Before Filing Bankruptcy 7 Jan 2013 | 08:49 am

Many people try to engage in financial planning once they make a decision to file either Chapter 7 or Chapter 13 bankruptcy. While such planning can be helpful, there are many potential dangers for th...

Bankruptcy Planning, Debt and 401(k) 4 Sep 2012 | 07:17 am

Once in a while, I hear from debtors who tells me that they expended all or nearly all of their retirement savings trying to avoid bankruptcy.  Unfortunately, if you spend your retirement funds trying...

Chapter 13 Discharge and Child Support Arrears 23 Apr 2012 | 02:56 pm

Chapter 13 Bankruptcy cases can take between 3 and 5 years to complete, and, in a current economy, as many as two thirds of all Chapter 13 plans fail.  Thus, any debtor who has completed the plan shou...

Chapter 13 Discharge and Child Support Arrears 23 Apr 2012 | 07:56 am

Chapter 13 Bankruptcy cases can take between 3 and 5 years to complete, and, in a current economy, as many as two thirds of all Chapter 13 plans fail.  Thus, any debtor who has completed the plan shou...

New Bankruptcy Court Judge in Rochester 19 Mar 2012 | 12:32 pm

The uncertainty with regard to the next bankruptcy court judge in Rochester has finally been resolved. On March 15, 2012, Paul R. Warren, Esq., the Clerk of the Bankruptcy Court for the Western Distri...

New Bankruptcy Court Judge in Rochester 19 Mar 2012 | 04:32 am

The uncertainty with regard to the next bankruptcy court judge in Rochester has finally been resolved. On March 15, 2012, Paul R. Warren, Esq., the Clerk of the Bankruptcy Court for the Western Distri...

Should 401k Loans Be Used to Avoid Bankruptcy? 5 Feb 2012 | 06:58 pm

Once in a while I am asked whether 401k loans should be used to pay off credit card debt and, therefore, avoid bankruptcy. In my opinion, it is a bad idea. Filing for bankruptcy under either Chapter ...

Should 401k Loans Be Used to Avoid Bankruptcy? 5 Feb 2012 | 01:58 pm

Once in a while I am asked whether 401k loans should be used to pay off credit card debt and, therefore, avoid bankruptcy. In my opinion, it is a bad idea. Filing for bankruptcy under either Chapter 7...

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