In Traditional Chapter 11 the company must obtain at least one accepting class of creditors. This often means that the debtor must propose to pay creditors in full to obtain their consent. In the new Small Business Bankruptcy Chapter 11 this is no longer required....
Bankruptcy exemptions in New York
Many individuals who struggle to pay their debt avoid filing for bankruptcy because they worry that they will lose their home, vehicle and other assets. In fact, New York residents can keep a certain amount of personal property, called exemptions, in a bankruptcy...
Reason No. 1 to Investigate Small Business Chapter 11: Lower costs
Traditional Chapter 11 is very expensive. Because of numerous complex requirements, a Traditional Chapter 11 Reorganization can take a year or more to complete, and the attorneys' fees for handling the case for so long, and for completing the many steps of the...
What is a Bankruptcy Lawyer’s most important responsibility?
Figuring out if you should NOT file for bankruptcy. A Chapter 7 Bankruptcy has the power to recover Money or property that you have given as "gifts to others"; Repayments of loans from friends or family Payments of debts to preferred creditors just before bankruptcy...
Should you be Embarrassed to see a Bankruptcy Lawyer?
Most new clients are embarrassed to be in my office. Not only is that normal, it proves that those who file for bankruptcy are decent, hard-working people who are in the habit of paying their bills and are very uncomfortable about not being able to. In my 43 years as...
Why you should use a Board-Certified Bankruptcy Lawyer
Why Hire a Board Certified Lawyer Not all attorneys are trained equally. When you hire an attorney certified by The American Board of Certification, you hire an expert and true specialist. Paul Hollender is dual-certified in both Consumer Bankruptcy and Business...
New Small Business Chapter 11 Helps Small Businesses Reorganize with Lower Costs.
Chapter 11 has effectively been unavailable to help small business owners because of the high costs involved. A new law effective February 19, 2020 changes that! By simplifying the process, attorneys' and accountants' fees will be radically reduced, and the company...
Does chapter 13 bankruptcy prevent foreclosure?
If you find yourself overwhelmed by debt and unable to pay all your monthly bills, one possible solution is filing for bankruptcy. This legal action may allow you to recover from difficult financial circumstances, stop pursuit from creditors and start over with a more...
Types of domestic assault
According to the Arizona Coalition, control is domestic abuse. An abuser may have a controlling behavior to maintain dominance over their victim. The controlling behavior, justification of the controlling behavior through belief, and the abuse are the core issues in...
Breaking down the Chapter 7 means test
Many of the clients to come to us here at Corash & Hollender, P.C. from Staten Island find that the collection efforts being taken by their creditors are only serving to drive them deeper and deeper into debt. If this describes your current situation, then you may...
4 potential benefits of a revocable trust
A revocable trust is a legal instrument that can dictate how a person’s property is managed and distributed during their lifetime or after they have passed away. As with the majority of legal tools, there are both positive and negative aspects to a revocable living...
What do you know about discussing your end-of-life desires?
While you understand the importance of planning your estate and drafting all the documents, you may struggle to discuss your end-of-life desires openly. How do you bring up the matter with your family and friends? AARP offers tips for sharing your estate plans with...
Don’t overdo the “dead-hand controls” on your trust
Trusts have become an increasingly useful financial tool for people who want to safely pass their wealth onto the next generation. So-called “conditional” trusts, which impose certain obligations on would-be beneficiaries to receive their funds, are particularly...
A spendthrift trust may provide needed asset protection
A spendthrift trust includes specific provisions regarding how a trustee may use its funds on behalf of the named beneficiaries. As noted by SmartAsset, the trustee may exercise broad discretion to spend money on an heir's expenses so that he or she can maintain a...
Here’s why a DIY-estate plan is a bad idea
Creating an estate plan is one of the most important things you can do to safeguard your future, your assets and your loved ones. A well-written estate plan gives you peace of mind knowing that your wishes will be honored when you pass on, or if you become...
Is this a sign of nursing home neglect?
Hearing the many news stories focused on abuse or neglect at nursing facilities likely leaves you feeling concerned for your own loved one. Unfortunately, it is impossible to determine where or when neglect may occur. Noticing red flags can help you react quickly if...
What’s the difference between Medicare and Medicaid?
The “Baby Boomer” generation is getting older and starting to investigate their healthcare options. If you're among that group, you may be wondering exactly how Medicaid plays into your future plans -- and how its relationship with Medicare works. Since 1964, the...
Think of succession planning when starting your business
In the excitement of getting your new business up and running, it is difficult to think of everything you need to do. Succession planning may not be part of your checklist at this point. However, if you have partners, shareholders and employees, there is no time like...
Involve a professional during Medicaid planning
Most people overlook the need for planning for long-term care. Unfortunately, the problem with this kind of thinking is your health can change, especially as you advance in age. No one can project how their health will be in the future. That said, nearly two-thirds of...
Why do inheritance disputes happen?
Knowing that you have planned your end-of-life affairs can remove some of the angst of growing older. Naming beneficiaries and having the peace of mind that those you care about will receive your assets can provide satisfaction and comfort. Despite your best efforts,...
