New York Bankruptcy Litigation

"Protecting the rights of consumers in bankruptcy court."

Author: Jay S. Fleischman practices at Fleischman Consumer Law Center in Brooklyn, N.Y.

Blawg Related Categories: Bankruptcy Law • Consumer Law • States • New York • Solo / Small Firm

Chapter 13 Debtor May Deduct Full Amount Permitted By IRS Standards, Not Merely Actual Expenses
Can a Chapter 13 debtor deduct the full amount permitted by IRS standards on their means test, even if their actual expenses are lower? The U.S. Bankruptcy Court for the Southern District of New York,…
Falling Behind On Mortgage Payments Are Not Enough To Warrant Relief From Stay
When you fall behind on your mortgage payments in a bankruptcy, you should expect the bank to seek relief from the automatic stay. Until recently, those motions would be granted as a matter of course. …
Post-Bankruptcy Credit Reporting Violates The Discharge Injunction - Florida Agrees
Continuing to report a discharged debt as due and outstanding after bankruptcy is a violation of the US Bankruptcy Code, says the U.S. Bankruptcy Court for the Middle District of Florida. The case? In re…
Bankruptcy Court Has Jurisdiction To Consider Proof Of Claim Objection Even In Absence Of Jurisdiction Over Underlying Cause of Action
Let’s say a proof of claim is filed in a bankruptcy case. The proof of claim is for a personal injury claim that, under normal circumstances, would be outside the bankruptcy court’s jurisdiction. When the…
Ride-Through Is Alive And Well In The Second Circuit . . . Kind Of
Can you keep your secured property after bankruptcy so long as you continue to make payments? In the old days (i.e., before the bankruptcy laws changed in 2005) the answer was a resounding YES. But…