Supreme Court Reviews Exemption of Inherited IRA funds
The U.S. Supreme Court is presently considering whether an inherited retirement account funds can be protected against bankruptcy claims. The justices will decide the appeal of a Wisconsin couple, Brandon C. Clark and Heidi Heffron-Clark, who filed Chapter 7 bankruptcy in 2010 after their pizza shop business failed in 2009. The bankruptcy court rejected the […]
Can I File for Bankruptcy Again?
As a New York City bankruptcy lawyer, we have many people that visit our office ask if “they can file for bankruptcy again?” Many clients believe they aren’t able to file for bankruptcy if they previously filed in the past. Fortunately, you can file for bankruptcy again in New York. Although you can file for […]
The 1st Circuit Rejects Attempt To Expand Debtor’s Rights Regarding Surrendered Properties
After Bankruptcy can you force the bank to take back your surrendered property with a “foreclose or release” ultimatum? At least in the 1st Circuit, the answer is no. In Canning v. Beneficial Maine, Inc., et al. (In Re Canning), the Court of Appeals for the 1st Circuit recently affirmed a decision rejecting a claim […]
Changes to Bankruptcy Forms
Pending Changes in the Bankruptcy Forms As of December 1, 2012, the following amendments will take effect. Official Form 7 (Statement of Financial Affairs) is amended to make the form’s definition of an insider consistent with the definition in the Bankruptcy Code. Official Forms 9A – 9I (meeting of creditor notices) are updated on the first page and in […]
Non-Dischargeable Debt
Certain types of debt can not be discharged by filing for bankruptcy. Although bankruptcy is designed to eliminate many types of debt, there are certain types of debt that can not be discharged. Some of these debts typically include, but are not limited to: most federal funded student loans federal taxes state taxes local taxes […]
What Assets Can I Keep in Bankruptcy?
We often receive phone calls to our office asking us, “what property and assets am I able to keep if I file for bankruptcy?” That is a great question because many people are concerned about what property they may lose if they file for bankruptcy. Contrary to what many people may think, there are many […]