Husband and wife joint bankruptcy filing.
Yes, a husband and wife can file a joint bankruptcy case under chapter 7 or chapter 13. When a joint bankruptcy case is filed, only one bankruptcy petition is filed and only one filing fee is paid to the court. However, both husband and wife must complete the required pre-filing credit counseling course and the required post-filing financial management course. The more difficult question is whether or not spouses should file a joint bankruptcy case. A knowledgeable bankruptcy lawyer can assist you in making that decision.
As always, the Law Firm of Vaughn, Weber & Prakope, PLLC is here to assist you. Contact us at (516) 858-2620 to arrange a consultation with a bankruptcy attorney.
Please visit our Bankruptcy category to learn more about filing chapter 7 or 13 bankruptcy.
So, you have had it with your tenant and want them out. Evicting a tenant can be a tricky and lengthy process.
The following is very general overview of the eviction process*:
1. Determine the status of the person occupying the premises (i.e. tenant);
2.Determine what grounds you have to evict (i.e. breach of lease terms);
3. Determine the type of action you can bring (i.e. non-payment);
4. Determine what notice must legally be given to the occupant (i.e. 3 days);
5. Give the occupant the appropriate notice in the appropriate manner;
6. File the appropriate petition in the appropriate court;
7. Have the tenant appropriately “served”;
8. File proof of service with the court;
9. Wait for tenant to answer or default;
10. Go to court!
*The above is merely an overview of the eviction process. Additional or different steps may be required to evict a particular tenant.
If you are having trouble evicting a tenant we may be able to help you evict them so that you can re-let your apartment, sell your home, etc. We were recently successful in using the landlord-tenant court to get a tenant, that had not paid rent for over eight (8) months, out of a landlord’s apartment building in a matter of days.
Nassu County Eviction Attorney
As always, the Law Firm of Vaughn, Weber & Prakope, PLLC is here to assist you. We are conveniently located in the heart of Nassau County, Long Island.
We proudly assist residents of Long Island: Nassau county, Suffolk county, New York City: Queens, Brooklyn, Bronx, Staten Island, and Manhattan with their landlord tenant matters.
Call (516) 858-2620 to arrange a FREE consultation with a Landlord Tenant attorney!
Many New York residents are unclear about what it takes to qualify for divorce. Putting residency requirements aside and before you get into property dispute issues, there exists a hurdle that must be met under New York law. This is to say that you need a legally acceptable reason to terminate a marriage. New York is not a state that accepts Irreconcilable Differences in its Domestic Relations Law. This has caused a great deal of controversy and has garnered much attention over the years. A March 31, 2009 article in the New York Daily News by Jose Martinez touched on how this has caused New York couples unnecessary aggravation (http://www.nydailynews.com/ny_local/state_of_shame/2009/04/01/2009-04-01_how_albany_is_divorced_from_real_world_n.html).
Domestic Relations Law in New York provides the acceptable divorce grounds to be:
1) cruel and inhuman treatment
2) abandonment for a period of 1 year or longer
3) imprisonment for a 3 year period subsequent to the date of marriage
4) adultery
5) conversion of a judgment of separation
6) conversion of a separation agreement after 1 year
Please note that New York now allows a no-fault divorce under DRL section 170(7).
Not sure if you fall into one of these categories? Call the Law Firm of Vaughn, Weber & Prakope, PLLC today at (516) 858 – 2620!
Please visit our Family Law and Divorce categories to learn more about Family Law and Divorce issues.
When a person files a chapter 7 bankruptcy case, their non-exempt property (if any exists) is liquidated to pay as much money back to his/her creditors as possible. So, in a chapter 7 case the debtor could lose all or most of his/her non-exempt property.
A person filing a chapter 13 bankruptcy case usually retains his or her non-exempt property. However, he/she is required to pay the value of the non-exempt property to his/her creditors. The determined amount is usually paid by the debtor, through the chapter 13 plan, over 3-5 years.
Don’t be alarmed, many people contemplating bankruptcy have very little or no non-exempt property. However, you should consult with a knowledgeable bankruptcy lawyer if you are thinking about filing for bankruptcy.
Long Island Bankruptcy Attorneys
As always, the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620 is here to assist you.
Please visit our Bankruptcy category to learn more about filing chapter 7 or 13 bankruptcy.
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