Debt Consolidation or Bankruptcy?

On February 28, 2011, in Bankruptcy, by Robbie L. Vaughn, Esq.

“I should have done this sooner.”

Recently, we have had more and more individuals come into our office who have tried to alleviate their debts by hiring a debt consolidation, debt resolution, debt settlement, or some other “get rid of your debt quick” company. Many of them have paid thousands of dollars to these companies.  Most of them have only had one or two, if they’re lucky, debts actually settled.  After we explain how bankruptcy works and the client decides that filing bankruptcy is in their best interest, they almost all say “I should have done this sooner.”

Get a free bankruptcy Consultation!

So, if you’re feeling overwhelmed by your bills and debt collectors are ringing your phone off the hook , it would be wise to obtain a free consultation from a bankruptcy attorney before you hand over what little money you do have to some company with a fancy commercial and/or website.

We proudly assist residents of Long Island (Nassau county, Suffolk county) and New York City (Queens, Brooklyn, Bronx, Staten Island, Manhattan) with their bankruptcy filings. We are conveniently located in the heart of Nassau County, Long Island, at 393 Jericho Tpke., Ste. 208, Mineola, NY 11501.

Call (516) 858-2620 to arrange a FREE  consultation with a bankruptcy attorney!

How Long Does a Bankruptcy Stay on My Credit Report?

On January 26, 2011, in Bankruptcy, by Robbie L. Vaughn, Esq.

Up to ten Years.

The fact that you’ve filed bankruptcy can appear on your credit report for ten years from the date your case was filed.  However, this does not mean that you can’t buy a house, rent an apartment, get a car loan or a credit card for ten years. Debts discharged in your bankruptcy should be listed on your credit report as having a zero balance. Because bankruptcy wipes out your old debts, you will likely to be in a better position to pay your current bills and make  monthly payments on new debt.

In fact, you may receive credit offers soon after your debts are discharged in bankruptcy. However, it would be wise to carefully consider the terms, need, and affordability of each new credit offer. Wisely using credit can go a long way in helping you avoid future financial problems.

We proudly assist residents of Long Island (Nassau county, Suffolk county) and New York City (Queens, Brooklyn, Bronx, Staten Island, Manhattan) with their bankruptcy filings. We are conveniently located in the heart of Nassau County, Long Island, at 393 Jericho Tpke., Ste. 208, Mineola, NY 11501.

Call (516) 858-2620 to arrange a FREE  consultation with a bankruptcy attorney!

 

Please visit our Bankruptcy category to learn more about filing for bankruptcy.

Facing foreclosure, should I consider bankruptcy?

On January 14, 2011, in Bankruptcy, Foreclosure, by Robbie L. Vaughn, Esq.

Yes.

Why?

Because the longer you wait to file bankruptcy, the more difficult it may be to save your home.

But the bank might modify my mortgage.

Sure, but what if the bank doesn’t modify your mortgage. While you wait for a potential loan modification – your mortgage arrears and the interest are piling up. This could potentially prevent you from putting forth a confirmable chapter 13 plan.

NY bankruptcy law just got better.

On 1/21/11 new bankruptcy exemptions go into effect (see our earlier posts Changes to NY Bankruptcy Exemptions and Federal Bankruptcy Exemptions & NY).

You should at least consult with a knowledgeable bankruptcy attorney to find out how filing bankruptcy can save your home (see our earlier posts Filing Bankruptcy to Save Your Home From Foreclosure and How Can I Use My Ch.7 Bankruptcy to Avoid Foreclosure).

We understand that bankruptcy is not for everyone. That is why we also offer foreclosure defense, debt negotiation, etc. We are simply stating that bankruptcy is an option that should be considered. At The Law Firm of Vaughn & Weber, PLLC, we don’t push our clients to file bankruptcy. We give you all of your options and assist you in deciding which course of action is best for you.

This is not legal advice!

The Law Firm of Vaughn & Weber, PLLC routinely represents homeowners facing foreclosure. We examine each homeowner’s specific situation to determine their best course of action.

We proudly assist residents of Long Island (Nassau county, Suffolk county) and New York City (Queens, Brooklyn, Bronx, Staten Island, Manhattan) with their bankruptcy and foreclosure matters. We are conveniently located in the heart of Nassau County, Long Island, at 393 Jericho Tpke., Ste. 208, Mineola, NY 11501.

Call (516) 858-2620 to arrange a FREE  consultation with a bankruptcy and foreclosure attorney!

 

Please visit our Foreclosure category to learn more about foreclosure issues.

Please visit our Bankruptcy category to learn more about filing for bankruptcy.

New NY Bankruptcy Exemptions

On December 23, 2010, in Bankruptcy, by Robbie L. Vaughn, Esq.

Governor Paterson has signed into law a bill that will increase many of New York’s bankruptcy exemptions;  including the motor vehicle and homestead exemptions.  Additionally, New Yorkers will now also be allowed to choose between using the federal or state exemptions.

A summary of the changes can be found here.

The entire bill can be found here.

The following is a Press Release issued by the Governor’s office.

Governor David A. Paterson today announced he has signed into law S.7034-A/A.8735-A, which will increase the amount of exemptions in bankruptcy proceedings and money judgments and provide a choice between State and Federal exemptions. The Governor also announced that he has vetoed two bills.

“During this time of economic crisis, it is our responsibility as public servants to protect those who are struggling the most,” Governor Paterson said. “A reconsideration of the current exemptions, which in some cases have not been changed in decades, is particularly warranted when an increasing number of individuals find themselves in dire financial condition. Though this is not a perfect bill, the benefits far outweigh its concerns. I understand from legislators and advocacy groups that have supported this bill that they are fully committed to addressing the concerns raised by New York City and others, and I urge the Legislature to do so in the coming year. I’d like to thank Assemblywoman Helene Weinstein for her commitment to passing a chapter amendment to address those concerns.”

This bill would provide a much-needed update to the exemptions law in New York as many provisions of State’s exemptions law are antiquated or have not been amended since the 1980’s. The purpose of such exemptions is to permit debtors in bankruptcy to retain a modest amount of personal property and equity in their homes so that they can continue to maintain their lives, and to protect them from becoming homeless, unemployed, or otherwise dependent on the State.

Included in this legislation is a new exemption from the satisfaction of a money judgment for a vehicle not exceeding $4,000 above the debtor’s liens and encumbrances ($10,000 for a vehicle equipped for use by a disabled person) and a raise of the bankruptcy exemption accordingly. This bill would also increase the homestead exemption from $50,000 to either $75,000, $125,000 or $250,000 depending upon the county of residence.

We proudly assist residents of Long Island (Nassau county, Suffolk county) and New York City (Queens, Brooklyn, Bronx, Staten Island, Manhattan) with their bankruptcy filings.

Call (516) 858-2620 to arrange a FREE  consultation with a bankruptcy attorney!

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. This website is Attorney Advertising. It does not form an attorney-client relationship. We are a debt relief agency and a law firm that helps people file for bankruptcy relief under the U.S. Bankruptcy Code – Title 11. Prior results do not guarantee a similar outcome. Proudly assisting residents of Long Island, Nassau county, Suffolk county, New York City, Queens, Brooklyn, Bronx, Staten Island, Manhattan