Bankruptcy Attorney. Bankruptcy and The Automatic Stay

On May 13, 2010, in Bankruptcy, by Robbie L. Vaughn, Esq.

The Automatic Stay

The filing of a chapter 7 or Chapter 13 bankruptcy case automatically stays (stops or suspends) virtually all collection attempts (including those harassing phone calls), attachments, garnishments, foreclosures, and other actions by creditors against the person filing (the debtor) and their property.  A few days after a chapter 7 or 13 bankruptcy case is filed, the court will mail a notice to all creditors ordering them to refrain from taking any further action against the debtor.  Any creditor who intentionally violates the automatic stay may be held liable in damages to the debtor.

However, criminal proceedings and actions to collect domestic support obligations are not normally stayed. The automatic stay also does not protect cosigners and guarantors of the person filing, and a creditor may continue to collect debts from those persons after the case is filed (chapter 7) or completed (chapter 13). Also, debtors who have had one or more recent bankruptcy cases dismissed may have the automatic stay shortened or denied altogether.

Caveat: A creditor could make a motion to “lift” the automatic stay. Such a motion, if granted, would allow that creditor to continue collection efforts against the debtor or their property.

Bankruptcy Attorney in Mineola

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, at 393 Jericho Turnpike in Mineola, NY 11501.  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.

Fighting Foreclosure After a Default Judgment.

On May 5, 2010, in Foreclosure, by Robbie L. Vaughn, Esq.

Your lender brought a mortgage foreclosure action and obtained a default judgment against you.

So, it’s game over and you are bound to lose your home to foreclosure, right? Not necessarily!

The scenario usually goes something like this:

Your mortgage lender brought a foreclosure action against you and allegedly had you served with a summons and complaint. You failed to hire a foreclosure defense attorney or respond to the summons and complaint. The lender proceeded with the foreclosure action and obtained a default judgment against you.  Now your home is set to be sold at a fast approaching foreclosure auction.

This is not a good situation for any homeowner.  However, you may still be able to defend the foreclosure action and save your home from foreclosure. You might even be able to get a loan modification before it is all said and done. To determine if any of this is possible, you need to contact a knowledgeable foreclosure defense attorney immediately. They will determine if there is still time and a chance to vacate the default judgment and defend the foreclosure action.

If you are facing this type of foreclosure or foreclosure in general, we may be able to stop the foreclosure and give you an opportunity to negotiate a loan modification. We were recently successful in stopping a foreclosure auction and getting the homeowner into a foreclosure settlement conference. The lender has expressed an interest in negotiating a loan modification for the homeowner.

Foreclosure Defense Attorneys in Mineola

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, at 393 Jericho Turnpike in Mineola, NY 11501.  Contact us at (516) 858-2620 to arrange a consultation with a foreclosure defense lawyer.

Don’t hesitate, call a foreclosure defense attorney today! Because,It ain’t over till it’s over.” –Yogi Berra.

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

Chapter 7 or 13 Bankruptcy Case by Spouses

On May 4, 2010, in Bankruptcy, by Robbie L. Vaughn, Esq.

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.

Evicting a Problem Tenant

On May 3, 2010, in Landlord-Tenant, by Robbie L. Vaughn, Esq.

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!

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