7 Great Questions to Ask During Your Free Consultation
This isn’t a post about choosing the right bankruptcy lawyer. But here in New York City, most bankruptcy firms do offer some manner of free consultation. It’s a chance to review your case. It’s also a chance for you and the lawyer to find out if you’ll be comfortable working together. But if you don’t…
Read MorePriority? What Does It Mean for Bankruptcy in NYC?
Throughout the proceedings for bankruptcy in NYC, you’ll hear lawyers and trustees refer to priority claims and taxes. It is apparent from these conversations and occasionally debates, that the determination of priority versus non-priority is important for the court and creditors. In fact, the trustee taking your case could spend substantial time reviewing your finances…
Read More4 Reasons to Consider NYC Bankruptcy in the New Year
It’s already 2019 and if you are wondering how the 12 months of 2018 passed so quickly, you are not alone. Yet, there are many people in NYC that are glad to see 2018 in the rearview mirror. If one of the reasons you aren’t sad to see 2018 go is because of complicated financial…
Read MoreHow Do You Pay for Your New York Bankruptcy?
Are you considering New York bankruptcy, but uncertain how you can pay for court fees and a New York bankruptcy lawyer? At the Law Offices of Michelle Labayen, we understandably receive a lot of questions about payment plans, court costs, and general expenses related to filing for Chapter 7 or Chapter 13 bankruptcy. So many…
Read MoreWhere to Begin When Filing Chapter 7 Bankruptcy in New York?
You don’t simply wake up one morning and file for Chapter 7 bankruptcy – at least, you shouldn’t. First, there are explicit requirements in place by the federal bankruptcy laws that must be met before you are permitted to file under Chapter 7 of the Bankruptcy Act. Second, bankruptcy isn’t the best course of action…
Read More5 Signs You Should Be Thinking About Filing for Bankruptcy
Bankruptcy isn’t the right choice for everyone. Often, credit card debt and medical bills are temporary debts that will be repaid and forgotten in a matter of months. These debts might be stressful, but they aren’t overwhelming. In these cases, filing for bankruptcy isn’t necessary or appropriate to solve your financial circumstances. Yet, there are…
Read MoreHow Can NYC Bankruptcy Lead to a Stronger Financial Future?
Most conversations about NYC bankruptcy occur in a negative context. It’s complicated and requires a debtor to follow strenuous procedures. Filing for NYC bankruptcy has repercussions for your credit score and borrowing capabilities. Bankruptcy can even feel like a financial failure. Yet, an NYC bankruptcy lawyer also sees the opportunity that comes after the bankruptcy…
Read MoreThe Sears Bankruptcy: The demise of an iconic American brand
It is no longer news that one of America’s most iconic retail brands, a trailblazer which bestrode America’s retail space for several decades is locked in a desperate struggle for its very existence. Sears, Roebuck and Company (“Sears”) the Illinois – based retail giant founded 126 years ago in 1892, filed for Chapter 11 bankruptcy…
Read MoreFraud, Bankruptcy Courts and the Rooker-Feldman/Res Judicata doctrines
A very interesting judgment was recently handed down by the United States Bankruptcy Court for the Southern district of New York. This judgment examined and pronounced upon the effects (in Federal Court) of fraud on the application of Res Judicata/Rooker-Feldman Doctrine. Brief Background In this case, the debtor Frank Petrelli approached the Court to challenge…
Read MoreKANSAS BANKRUPTCY COURT DELIVERS GROUNDBREAKING JUDGMENT ON STUDENT DEBT RELIEF.
In Sept 2018, a very interesting decision was handed down by the US Bankruptcy Court for the District of Kansas. This judgment established the precedent that a student loan may be discharged in bankruptcy upon certain considerations. Brief Facts Vicki Metz borrowed $16,613.73 between 1989 – 1991 in order to enable her pay for her…
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