In many instances, the decision to file for bankruptcy is one of the most difficult decisions that you will ponder in your life. Once you have made the decision to file for bankruptcy, you will need to adjust your life accordingly. This blog will explore some examples of typical financial considerations that must be taken into account prior to filing for bankruptcy.
If you have recently had a judgment entered against you or if you believe that a judgment may be entered against you soon, then you may be panicking trying to figure out how to protect your assets. The thought of transferring assets out of your name to a friend or family member prior to filing for bankruptcy may enter your mind as a potential solution to your problems. However, this blog will explore the consequences of these transfers on the eve of bankruptcy and the effects they can have on the transferee (the person the property was transferred to).
One of the unsettled areas of bankruptcy law at this moment is whether a debtor has an absolute right to voluntarily dismiss a Chapter 13 bankruptcy case. Decisions are varying on this issue depending on where the cases are being heard. This blog will explore this issue and the arguments in favor of each side.
If you have a judgment that has been entered against you, then you may be feeling terrified about the next steps that a creditor may take to collect their judgment. Many questions may race through your mind as to what will happen next. This blog will explore post-judgment collection techniques used by creditors.
Including a Recent Appellate Division Case Litigated by Scura, Wigfield, Heyer, Stevens & Cammarota, LLP
The vast majority of lawsuits settle prior to trial. If every lawsuit that is filed went to trial, the court system would be hopelessly back logged. Therefore, from a public policy perspective, courts encourage settlement of litigation. Accordingly, once a settlement is entered into, the courts will strain to enforce that settlement agreement if disputes arise as to the scope and validity of the settlement.
In the aftermath of the 2008 financial crisis, many people have found themselves facing foreclosure wondering what their options are. When a secured lender files for foreclosure, the end game (unless a modification is entered into between the parties) is for the secured lender to take the property to sheriff sale. This blog will explore the impact of a sheriff sale and your options through the bankruptcy code that are at your disposal.
For many people, being served with a lawsuit can be a jarring experience. You may think that your wages are going to be imminently garnished and that your bank accounts will be immediately levied. However, the legal system provides you with time to evaluate your options prior to creditors being able to resort to these collection methods.
If you have been injured in an accident while also accumulating debts, you may be wondering if filing for bankruptcy is an option at your disposal. This blog will explore how chapter 7 and 13 bankruptcy affect a personal injury litigation and its proceeds.
If you own a business and are facing financial difficulty, you may be considering a chapter 11 bankruptcy thinking that it can fix your business’s financial woes. However, many people underestimate the difficulty of completing the chapter 11 process through confirmation of a chapter 11 plan. Filing a chapter 11 bankruptcy to attempt to save a business with no prospect of reorganization will just be wasting more money only to prolong the inevitable. This blog will evaluate factors to look for at the outset of contemplation of bankruptcy and guide your decision as to whether to attempt a reorganization or to liquidate the company.
If you have recently had a vehicle repossessed, you are probably feeling overwhelmed at the prospect of a large debt hanging over your financial future. Vehicle lenders tend to be aggressive in their collection techniques, so it is likely that harassing phone calls will commence soon after the repossession. Often, the vehicle lender will commence litigation to try to recoup their losses against the borrower after the repossession. If you are in this situation, then bankruptcy may be your solution.