http://www.newyorkbankruptcylitigation.com New York bankruptcy attorney enforcing your rights under the automatic stay and discharge injunctions. Sat, 10 May 2008 20:31:14 +0000 http://wordpress.org/?v=2.5 http://www.newyorkbankruptcylitigation.com/2007/12/14/do-chapter-13-payments-need-to-increase-as-secured-debts-are-paid-off/#comment-1374 Frank Bynum Sat, 15 Dec 2007 00:08:12 +0000 http://www.newyorkbankruptcylitigation.com/2007/12/14/do-chapter-13-payments-need-to-increase-as-secured-debts-are-paid-off/#comment-1374 What's really interesting about § 1325(b)(1)(B) are its constitutional ramifications. If § 1325(b)(1)(B) were not a backward-looking provision, it might fall prey to a challenge that it violates the Thirteenth Amendment's bar on involuntary servitude. What’s really interesting about § 1325(b)(1)(B) are its constitutional ramifications. If § 1325(b)(1)(B) were not a backward-looking provision, it might fall prey to a challenge that it violates the Thirteenth Amendment’s bar on involuntary servitude.

]]> http://www.newyorkbankruptcylitigation.com/about/#comment-1372 A Real Free Credit Report! « Oregon Debt Relief Weblawg Thu, 13 Dec 2007 08:39:37 +0000 http://www.newyorkbankruptcylitigation.com/about/#comment-1372 [...] To paraphrase my friend Jay Fleischman who writes in the New York Consumer Litigation Center Blog.  The three primary national consumer credit reporting companies are required by a federal law, the Fair Credit Reporting Act (FCRA), to provide you with a free copy of your credit report, at least once every 12 months if you ask for it. [...] […] To paraphrase my friend Jay Fleischman who writes in the New York Consumer Litigation Center Blog.  The three primary national consumer credit reporting companies are required by a federal law, the Fair Credit Reporting Act (FCRA), to provide you with a free copy of your credit report, at least once every 12 months if you ask for it. […]

]]> http://www.newyorkbankruptcylitigation.com/2007/03/19/eastern-district-of-pennsylvania-rules-ride-through-is-not-an-option/#comment-1306 In Pennsylvania, the Pre-BAPCPA Ride-Through Option Is Still Alive and Well Per State Law : Bankruptcy Law Network Sat, 10 Nov 2007 00:24:06 +0000 http://www.newyorkbankruptcylitigation.com/2007/03/19/eastern-district-of-pennsylvania-rules-ride-through-is-not-an-option/#comment-1306 [...] In addition to thee “enumerated” options with regard to vehicles, most bankruptcy courts have long recognized a “fourth option” commonly known as “ride through”.   Ride through was a concept embraced by most debtors prior to the change in the law which permitted bankruptcy filers to keep their cars in the event that they took no action beyond keeping up with their car payments.  There is language in the April 2005 amendment to United States Bankruptcy Code, known as BAPCPA, which appears to be an attempt by the creditor lobby to eliminate “ride through.”  In fact, as obsered by Jay Fleischman, a recent Eastern District case pronounced that the ride through option would no longer be recongized by the Bankruptcy Court.  [...] […] In addition to thee “enumerated” options with regard to vehicles, most bankruptcy courts have long recognized a “fourth option” commonly known as “ride through”.   Ride through was a concept embraced by most debtors prior to the change in the law which permitted bankruptcy filers to keep their cars in the event that they took no action beyond keeping up with their car payments.  There is language in the April 2005 amendment to United States Bankruptcy Code, known as BAPCPA, which appears to be an attempt by the creditor lobby to eliminate “ride through.”  In fact, as obsered by Jay Fleischman, a recent Eastern District case pronounced that the ride through option would no longer be recongized by the Bankruptcy Court.  […]

]]> http://www.newyorkbankruptcylitigation.com/2007/08/19/how-do-creditors-find-out-about-about-bankruptcy-filings/#comment-1013 hubenlaw Mon, 20 Aug 2007 15:46:20 +0000 http://www.newyorkbankruptcylitigation.com/2007/08/19/how-do-creditors-find-out-about-about-bankruptcy-filings/#comment-1013 Although I no longer practice in this area, I recall from the many programs attende in preparation for the 2005 act, that the creditors were suposed to set up a mailing list for notice of bankruptcy, was this not done? Although I no longer practice in this area, I recall from the many programs attende in preparation for the 2005 act, that the creditors were suposed to set up a mailing list for notice of bankruptcy, was this not done?

]]> http://www.newyorkbankruptcylitigation.com/2007/08/03/undisclosed-post-petition-fees-by-mortgage-company-are-disallowed/#comment-878 Court Determines Undisclosed Fees are Improper at Bankruptcy Law Network - Real Lawyers, Real Solutions Sun, 12 Aug 2007 20:09:12 +0000 http://www.newyorkbankruptcylitigation.com/2007/08/03/undisclosed-post-petition-fees-by-mortgage-company-are-disallowed/#comment-878 [...] This decision shows that the Courts are looking carefully at the actions of the mortgage companies. For a more technical view of this case, check out Jay Fleischman’s post at the New York Bankruptcy Litigation blog. Share and Enjoy: These icons link to social bookmarking sites where readers can share and discover new web pages. [...] […] This decision shows that the Courts are looking carefully at the actions of the mortgage companies. For a more technical view of this case, check out Jay Fleischman’s post at the New York Bankruptcy Litigation blog. Share and Enjoy: These icons link to social bookmarking sites where readers can share and discover new web pages. […]

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