Corash & Hollender, P.C.Staten Island Premier Law Firm | Corash & Hollender, P.C.2026-09-03T10:55:45Zhttps://www.silawfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1102992/2023/02/cropped-CH-site-icon_512x512-32x32.jpgOn Behalf of Corash & Hollender, P.C.<![CDATA[5 illegal debt collection practices in New York]]>https://www.silawfirm.com/?p=529042026-09-03T10:55:45Z2026-09-03T10:55:45ZDebt collectors know exactly when to strike—right when you are already struggling. The good news is that New York law exists specifically to stop them from using shame, intimidation or deception to squeeze money out of you. Recognizing these illegal tactics becomes crucial when you are weighing bankruptcy.
What debt collectors cannot legally do
Watch out for these five illegal practices:
Calling you repeatedly to harass you: Agencies cannot call you multiple times per day or at unreasonable hours (before 8:00 a.m. or after 9:00 p.m.). They also cannot call you at work if you tell them your employer prohibits such calls.
Threatening you with arrest or violence: No representative can threaten criminal prosecution, jail time or physical harm. Debt is a civil matter, not a criminal one.
Contacting your family, friends or employer about your debt: Collectors can contact third parties only to locate you. They cannot discuss the debt itself or reveal that you owe money.
Misrepresenting the amount you owe or their authority: Representatives must provide accurate information about your debt. They cannot inflate the balance, add unauthorized fees or falsely claim they are attorneys or government officials.
Continuing to contact you after you request they stop: Once you send a written cease-and-desist letter, collectors must stop all communication, except to inform you that they are ending collection efforts or to notify you that they intend to take specific legal steps, such as filing a lawsuit.
Many agencies use these tactics because they assume you will not recognize the violations.
Why these tactics are illegal
Abusive collection tactics cause genuine damage. They can cause stress, harm your reputation at work or in your community and pressure you into payments you cannot realistically make.New York laws allow agencies to seek payment, but they must do so without violating state rules or federal laws, including the Fair Debt Collection Practices Act (FDCPA).If representatives cross the line, you can take legal action against them and potentially recover up to $1,000 in statutory damages plus your attorney fees. Courts understand that illegal collection methods prevent you from addressing your debt in a responsible way.
How bankruptcy can help
Large debt also raises a bigger issue: bankruptcy. If you file a bankruptcy case, the court issues an automatic stay, which stops most collection activity right away. Often, this includes calls, letters, lawsuits, wage garnishments and bank restraints.Considering this legal shield means giving yourself space to evaluate your financial situation. Instead of reacting to harassment, you can focus on building a clear, strategic path toward genuine relief.]]>0On Behalf of Corash & Hollender, P.C.<![CDATA[Are there exceptions to the Medicaid lookback period?]]>https://www.silawfirm.com/?p=529022026-07-27T15:07:44Z2026-07-27T15:07:44ZHome transfers to certain relatives
One exception can apply if you or one of your siblings lived with your parent for at least two years immediately before the nursing home admission. The person receiving the property must also have provided care that allowed your parent to remain at home during that time. Providing similar assistance alone does not qualify someone for this exception.
A separate exception applies to your parent’s brother or sister if that person has an ownership interest in the property and lived there for at least one year immediately before the admission. Unlike the caregiver-child exception, this depends on the sibling already having a financial stake in the home before the transfer.
Gifts for a disabled beneficiary
Your parent may transfer assets to a son or daughter of any age who is blind or disabled without triggering the usual lookback penalty. This exception applies whether the property passes directly to that person or through a qualifying trust established solely for their benefit.
Your parent may also transfer assets to a trust established solely for another disabled person under age 65, even if that beneficiary is not your sibling.
Sales at fair market value
Not every transaction during the five-year period creates a problem. Your parent may avoid a penalty by showing an intent to receive fair market value or other valuable consideration, even if what they ultimately received fell short. This also allows an exception when the transaction occurred exclusively for a purpose other than qualifying for Medicaid, although that purpose can be difficult to prove.
The sale does not create an uncompensated transfer. What your parent receives in exchange is still subject to Medicaid’s ordinary resource rules and can affect eligibility if it remains countable.
Options after a lookback penalty
If you discover a transaction that could result in a penalty, you can gather records showing why an exception applies. Caregiving documentation supports a qualifying home transfer, while appraisals, contracts or payment records may establish what your parent received in exchange.
When no exception applies, returning all assets given away for less than fair market value might prevent the period of ineligibility from applying. Your parent may also seek an undue hardship waiver if they are otherwise eligible for Medicaid, cannot obtain appropriate medical care without it and have made reasonable efforts to recover the property or receive its fair market value.]]>0On Behalf of Corash & Hollender, P.C.<![CDATA[Do you need a board-certified lawyer for a “simple” bankruptcy?]]>https://www.silawfirm.com/?p=528662026-07-21T15:05:11Z2026-07-24T05:03:33ZThere is a misconception that just any bankruptcy lawyer will do if you have a “simple” case. What is a “simple” case? who told you that?
Nothing could be further from the truth! How do you know that you have a “simple” case:
A highly qualified bankruptcy expert has to determine if you are ELIGIBLEfor some type of bankruptcy case. This may not be as simple as it sounds .For a consumer chapter 7 bankruptcy case there is an income ceiling you cannot exceed. There is also a waiting period from a prior case and a residency test that must be complied with. Determining whether you meet these requirements could be quite complicated; and finding a way to qualify you could make the difference between filing and not filing.
There are also many RISK FACTORS to consider:
Are you eligible for an automatic stay of actions or proceedings against you?
Do you presently own an interest in real estate?
In your name?
with someone else?
under a trust or estate?
in another country?
in a business that you had an interest in?
how much is it worth?
can it be protected from a bankruptcy trustee?
Did you previously own an interest in real estate?
What happened to it?
Did you receive any money for it?
When?
Did you ever have financial assets that you no longer own?
What happened to them?
When?
Do you have the right to sue anyone?
Would your recovery be protected from a bankruptcy trustee?
Did you recently pay any friend, relative or existing creditor?
would a bankruptcy trustee be able to sue then to recover the money?
Would it be better to wait before you file for bankruptcy?
if so, How long?
`What is the best Bankruptcy Chapter for you to file under?
Chapter7?
Chapter 13?
Chapter 11?
Subchapter V of chapter 11?
Should your file with or without your spouse?
Will you be able to get a bankruptcy discharge
What debts cannot be discharged in bankruptcy?
What are the tax consequences
Of not filing for bankruptcy
Of filing a chapter 7 or chapter 13 case
Of filing a chapter 11 case?
What mediation tools are available in conjunction with a bankruptcy filing?
Who told you your case is simple, or did you just make that assumption?
If you needed surgery, would you go to a general practitioner?
If your financial future is at stake why trust your future to anyone but an expert?
PAUL HOLLENDER has been practicing bankruptcy law for almost 50 years. He is available to help you devise a customized financial strategy which either enables you to navigate the complicated bankruptcy maze, or warns you to avoid it and can structure a non-bankruptcy solution. And he can customize a payment plan that meets your budget.]]>0On Behalf of Corash & Hollender, P.C.<![CDATA[Why hire a board-certified lawyer]]>https://www.silawfirm.com/?p=528642026-07-21T15:03:17Z2026-07-18T15:02:13ZThe website of the American Board of Certification explains the reasons you should hire a Board Certified Bankruptcy 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.
Advanced level of skill. Successfully navigating bankruptcy and creditors’ rights law requires a high degree of specialized capabilities. The board certification process involves a rigorous day-long exam, strict continuing legal education requirements, a comprehensive peer review from fellow practitioners and adverse counsel, and at least a five-year focus on the particular area of certification. While the testing ensures mastery of bankruptcy/creditors’ rights law, legal ethics, and the chosen specialty area, the 60 hours of continuing legal education over every three-year period of time guarantees the attorney remains abreast on the latest trends, guidelines, and changes in the industry. Not every lawyer can meet these standards, which is what makes board-certified attorneys stand out from the rest.
Nationally recognized expertise. Congress recognized the importance of board certification by listing it as one of the factors in determining the amount of reasonable compensation to be awarded to professionals in bankruptcy cases. Having an attorney that can claim board certification will let the bankruptcy court and opposing counsel know that they are dealing with a well-trained counsel – exactly the type of specialist you want on your team.
Respected reputation in the legal community. Board certification signals to outside parties that you have hired an attorney with significant legal experience that has also been subjected to extensive peer review. The American Board of Certification is sponsored by the American Bankruptcy Institute and the Commercial Law League of America. All three ABC programs are accredited by the American Bar Association and many individual states. Simply put, board certification provides credibility, which is one of the most valuable assets that an attorney can possess.
When hiring a lawyer, you deserve a specialist who has committed to meeting the most stringent standards in the industry. Why settle for anything less?
Paul Hollenderreceived Certification in both Consumer Bankruptcy law and Business Bankruptcy law in 1993 after 18 years of bankruptcy practice.. Every year he stays current on bankruptcy issues, always using current statutory law and case law to achieve the best results for his clients.Hollender has devoted his career to helping individuals and businesses deal with financial difficulties and regain control of their own lives. Whether the problem is credit cards you can no longer afford to pay or a need to restructure your business, Hollender can help you develop a personalized strategy to deal with your issues.]]>0On Behalf of Corash & Hollender, P.C.<![CDATA[What happens when a creditor sells your debt?]]>https://www.silawfirm.com/?p=528352026-07-16T19:34:47Z2026-07-16T19:34:47ZWhat a charge-off actually means
When a consumer debt goes unpaid for 180 days, federal banking regulations require the original lender to write the balance off as an uncollectible loss. This appears on your credit report as a charge-off. It does not erase the debt or end your legal obligation to pay it.
After writing off the balance, most original creditors sell the account to a third-party debt buyer, often for a small fraction of what you originally owed. Debt portfolios are frequently purchased for pennies on the dollar.
Why the change in ownership creates opportunity
When a debt buyer acquires your account, the economics of the situation change. The original creditor expected to collect the full balance plus interest. A debt buyer paid significantly less for the account, which means they can still profit from a partial recovery.
This makes debt buyers generally more open to settlement offers. Borrowers are sometimes able to resolve accounts for a fraction of the original balance, though results vary depending on the age of the debt, the collector's practices, and individual circumstances.
Protections to know before you negotiate
A few legal protections are worth understanding before entering any negotiation with a debt collector.
Under the Fair Debt Collection Practices Act, you have the right to request written validation of the debt. If the collector cannot document that they legally own your account, they may not have standing to collect.
In New York, the Consumer Credit Fairness Act set a three-year statute of limitations on consumer credit transactions. Making a partial payment after that window closes will not revive the debt or restart the clock.
If you do reach a settlement, get the agreement in writing before making any payment. The document should confirm the payment satisfies the account in full and releases you from further liability.
Know your options
Debt negotiations, especially with third-party collectors, can be legally complex. If you are dealing with a charge-off or collection account, a debt defense attorney can help you understand your rights under New York consumer protection law and work toward a resolution that fits your situation.]]>0On Behalf of Corash & Hollender, P.C.<![CDATA[Which power of attorney is suitable for my needs in New York?]]>https://www.silawfirm.com/?p=528292026-06-05T12:25:41Z2026-06-05T12:20:49ZDurable POA
Consider an aging relative who wants an adult child to manage bank accounts if dementia worsens. New York law dictates that a durable document remains valid after the person loses mental capacity. This option can ensure asset management during severe medical crises and long-term health challenges.
Nondurable general POA
Meanwhile, a business owner might need a manager to handle everyday banking transactions and sign immediate contracts. This nondurable document takes effect right away but terminates instantly if the person suffers a serious illness. It suits active professionals who require swift help without complex long-term planning tools.
Limited POA
Picture a resident who plans to sell a home but must travel abroad during the formal closing date. A limited POA grants an agent narrow power over one specific real estate transaction. This document expires on its own once the parties finalize the property deed transfer and settle transaction expenses.
Springing POA
Finally, a healthy person may want a spouse to take control of financial investments only after an official medical disability diagnosis. This specialized durable instrument remains dormant until a specific triggering event occurs.
Doctors must formally certify the physical or mental incapacity before the agent can legally access any funds. It is critical to note that this POA does not handle medical choices, requiring a separate health care proxy in New York.
Securing the ideal POA for your future
Every person faces life changes that dictate distinct legal protections. However, managing the complexities of elder law can be overwhelming as you aim to establish peace of mind and protect your legacy. By seeking legal advice, you may secure the ideal POA for your future as you seek to preserve your hard-earned wealth.]]>0On Behalf of Corash & Hollender, P.C.<![CDATA[3 red flags: Bad options for post-bankruptcy credit cards]]>https://www.silawfirm.com/?p=528262026-05-25T18:16:06Z2026-05-25T18:16:06Z1. Upfront fees
Requiring a security deposit is a reasonable form of protection for a lender. Demanding a fee to check credit approval or to establish the line of credit usually is not. Additionally, borrowers should not have to pay a monthly fee to maintain their line of credit. Even the security deposit-to-credit-limit ratio could be indicative of inappropriate lender practices. A one-to-one deposit to credit line ratio is appropriate, and anything beyond that may be unnecessary.
2. Declining to report to credit bureaus
The main point of obtaining a new credit card after bankruptcy is to show a history of responsible credit use. If a lender does not report to any of the three main credit bureaus, there is no documentation of the cardholder’s efforts to rebuild their finances. Choosing a credit card that reports to all three credit bureaus is typically the best option for those hoping to improve their credit scores after bankruptcy.
3. Immediate interest accrual
Most credit card lenders offer at least 30 days or one month as a grace period between the billing date for the credit card and when interest begins accruing. Some lenders providing credit to those with recent bankruptcies may start calculating interest the same day that they generate a statement or even on the date of the initial charge. In such cases, borrowers may end up accruing substantial interest, even if they pay their balances in full every month.
Starting with a single secured line of credit that requires a reasonable deposit and then seeking better credit opportunities from other companies as time passes can be an effective strategy for those who want to qualify for mortgages or other higher-value lines of credit. Bankruptcy filers who have a plan before they begin rebuilding their credit can make the most of their bankruptcy discharge and work toward the best possible financial future after bankruptcy.]]>0On Behalf of Corash & Hollender, P.C.<![CDATA[When a caregiver abuses their authority to secure an inheritance]]>https://www.silawfirm.com/?p=528232026-05-19T13:57:04Z2026-05-18T17:45:05ZWhat is undue influence?
Every competent adult technically has the right to establish their own estate plan. The terms included in a will or other documents should honestly represent their wishes and not pressure, coercion or manipulation from another person.
Undue influence occurs when someone in a position of authority over a vulnerable adult abuses that relationship for personal gain. Families may want to maintain records of prior estate planning documents and the role that the caregiver played.
If an estate plan later reveals that late-in-life adjustments reduced what others inherited for the benefit of a caregiver, inappropriate demands on their part might be to blame. Undue influence may come in the form of a threat. Caregivers can withhold medication or food. They can socially isolate older adults and convince them that their families have abandoned them.
They can play on an older adult’s emotions by pretending there is a deeper connection between them than they have actually developed or by painting themselves as a victim of untenable circumstances who needs a hero. In some cases, families may choose to remove and replace the caregiver who abuses their position. Other times, they may need to contest a will that benefits a caregiver at the expense of those the now-deceased older adult intended to actually be their beneficiaries.
Reviewing the conduct of the caregiver and different versions of estate planning documents with a skilled legal team can help concerned families determine if undue influence has truly undermined a loved one’s estate plan. A will contest could result in the courts setting aside compromised documents to protect the true legacy of a person who has died.]]>0On Behalf of Corash & Hollender, P.C.<![CDATA[What is the best solution for overwhelming medical debt?]]>https://www.silawfirm.com/?p=528212026-05-12T23:45:04Z2026-05-12T23:45:04ZRenegotiation with providers
The medical billing process is complex and confusing for the average patient. Hospitals and doctor's offices set unreasonably high price points for many services and items. They may charge hundreds of times the fair market value for aspirin administered in a hospital, for example.
An attorney familiar with medical billing and debt matters can potentially negotiate on behalf of a patient to reduce the amount actually owed. Health care providers may agree to reduce compensation rates or to partial write-offs that make the debt more sustainable. They may also commit to a payment plan that protects the person with medical debt from aggressive collection efforts.
Filing for personal bankruptcy
Until creditors secure judgments, medical debt is a form of unsecured debt. That makes it eligible for discharge during a bankruptcy case. Individuals with tens of thousands of dollars in debt due to trauma care or surgery not covered by insurance or a high coinsurance obligation can eliminate their medical debt as part of their bankruptcy discharge. That process can be rapid in a Chapter 7 filing or may involve partial payments through a court-overseen repayment plan in a Chapter 13 bankruptcy case.
Discussing different medical debt solutions with an attorney can help people understand their options, including the different types of personal bankruptcy. People facing high levels of medical debt often need to act quickly to avoid aggressive collection efforts that can worsen their financial circumstances.]]>0On Behalf of Corash & Hollender, P.C.<![CDATA[3 signs of elder financial abuse and how to stop it]]>https://www.silawfirm.com/?p=528182026-04-30T16:57:27Z2026-04-30T16:57:27Z1. Unexplained transactions
Helping a family member review their monthly bank and credit card statements can lead to the identification of unexpected transactions before financial abusers cause too much damage. There may be a few test transactions for smaller amounts before those with access to an individual's financial information attempt larger charges. Comparing spending habits with statements can identify unknown transactions and help families intervene to lock down compromised accounts.
2. Unmet obligations
In some cases, older adults experience direct pressure or theft from caregivers or family members. They may fear reporting the misconduct they experience due to the risk of retaliation or the loss of a relationship on which they currently depend. When another party wastes an older adult’s money or misappropriates their assets, the vulnerable older adult may become unable to fulfill their routine financial obligations, which can lead to escalating collection efforts, eviction, foreclosure and other challenges.
3. Isolation caused by new relationships
In some cases, financial exploitation involves creating a close relationship with an older adult and then isolating them from others who might warn them about providing gifts or other forms of financial support to this new acquaintance. When a much younger love interest or new online friend starts encouraging an older adult to self-isolate or cut off specific people in their inner circle, that can be a warning sign that the person interfering in those relationships has nefarious financial intentions.
People who suspect financial abuse of an elder may need to take action to support a vulnerable loved one. The guidance of an elder law attorney can help concerned individuals hold caregivers, manipulative family members and con artists responsible for stealing from or otherwise financially manipulating an older adult.]]>0