Chapter 7 Case Evaluation A Chapter 7 Bankruptcy Case will eliminate most/all of a client's debt, and will allow the client to obtain a fresh financial start. A Chapter 7 case is a highly effective tool in dealing with burdensome credit card and other unsecured debts such as medical bills and personal loans. A Chapter 7 case is especially helpful when the client cannot pay their present bills and faces the prospect of creditor harassment, collection actions and bad credit. The Chapter 7 case will allow the client to immediately protect themselves from their creditors and obtain legal forgiveness for their debt so that they can obtain a "fresh start" and be able to rebuild their credit. As soon as the case is filed the "automatic stay" protects the client from their creditors and at the end of the case the bankruptcy discharge allows the client to obtain legal forgiveness for their debt. Most clients discharge all their unsecured debt, although clients are able to voluntarily keep of or "reaffirm" certain debts. Most clients keep all of their property including their vehicles, homes and personal possessions as long as they stay current with the payments on these items and do not have too much equity in such property. Chapter 7 is the most frequently used type of bankruptcy case and is often used by individuals who are overwhelmed by debts - including credit card debt, medical bills, repossession/foreclosure deficiencies or other debt - to eliminate their legal obligation to pay (or to "discharge") such debt. Persons qualifying for Chapter 7 relief need to have average six (6) months gross income that is below a certain level or pass a means test which takes into account the client's expenses in determining if the client qualifies for Chapter 7 relief. A Chapter 7 case like all bankruptcy cases allows a client immediate protection against their creditors with an "automatic stay" (a court order which requires creditors to stop all collection activity and calls). At the end of a Chapter 7 case, which usually takes approximately five (5) months, the client receives a "discharge order" (a court order granting the client legal forgiveness for their debt). Most chapter 7 cases are highly effective in allowing a client to quickly deal with and resolve their problems by eliminating their obligation to pay debt that is beyond their ability to pay. However, a bankruptcy attorney needs to carefully review a client's circumstances with the client to determine that the client does not have issues that may complicate the case, like major assets with significant equity; income that may be too high; alleged "avoidable transfers"; and/or debt taken by the client that may be deemed to be abusive and/or in bad faith. www.YoungLawGroup.org ...read more

What Is Bankruptcy?Federal bankruptcy law (Title 11 of the United States Code, otherwise called the "Bankruptcy Code") was enacted to allow the honest debtor, who is unable to meet his/her financial obligations, to obtain a fresh financial start or to reorganize his/her financial affairs. Bankruptcy law accomplishes this goal by providing debtors with a legally enforceable mechanism through which they may: (1) eliminate, reduce and/or extend most debt, and (2) protect themselves, subject to certain qualifications, during the bankruptcy case, from pursuit and harassment by their creditors. At the same time that bankruptcy law seeks to give relief to the debtor, it is also the goal of bankruptcy law to deal equitably with a debtor's creditors by: (1) protecting the creditors against fraud, (2) treating similarly situated creditors in an equal manner, and (3) providing the creditors with constant notice and an opportunity to be heard during the bankruptcy case. Schedule an appointment to sit down with us and discuss your situation: ...read more

A foreclosure defense allows homeowners to assert their rights and oppose a foreclosure proceeding by engaging in litigation defense strategies. One method of addressing a foreclosure proceeding is to defend the foreclosure litigation. Our law firm can assist a client right from the start by answering the initial summons and complaint. Considering that 20-30 days from the date of service an answer and/or motion to dismiss is due, it is imperative to file a timely response. Such answer is one out of several documents that are usually filed as part of a foreclosure defense. Other documents include a motion to dismiss, if applicable, and a response to a motion for summary judgment. If the client retains our firm in the early stages of the foreclosure, the Plaintiff's Summons and Complaint can be answered and other documents responded to, resulting in a contested proceeding that will protect the client's rights, allow the client to receive all notices and documents, and enlarge the time necessary for the mortgage holder to proceed with its foreclosure case Free New York State Foreclosure Defense Information ...read more