Corash & Hollender, P.C. Staten Island Premier Law Firm | Corash & Hollender, P.C. 2026-07-21T15:03:17Z https://www.silawfirm.com/feed/atom/ WordPress /wp-content/uploads/sites/1102992/2023/02/cropped-CH-site-icon_512x512-32x32.jpg On Behalf of Corash & Hollender, P.C. <![CDATA[Why hire a board-certified lawyer]]> https://www.silawfirm.com/?p=52864 2026-07-21T15:03:17Z 2026-07-18T15:02:13Z The 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 Hollender received 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.]]> 0 On Behalf of Corash & Hollender, P.C. <![CDATA[What happens when a creditor sells your debt?]]> https://www.silawfirm.com/?p=52835 2026-07-16T19:34:47Z 2026-07-16T19:34:47Z What 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.]]> 0 On Behalf of Corash & Hollender, P.C. <![CDATA[Which power of attorney is suitable for my needs in New York?]]> https://www.silawfirm.com/?p=52829 2026-06-05T12:25:41Z 2026-06-05T12:20:49Z Durable 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.]]> 0 On Behalf of Corash & Hollender, P.C. <![CDATA[3 red flags: Bad options for post-bankruptcy credit cards]]> https://www.silawfirm.com/?p=52826 2026-05-25T18:16:06Z 2026-05-25T18:16:06Z 1. 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.]]> 0 On Behalf of Corash & Hollender, P.C. <![CDATA[When a caregiver abuses their authority to secure an inheritance]]> https://www.silawfirm.com/?p=52823 2026-05-19T13:57:04Z 2026-05-18T17:45:05Z What 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.]]> 0 On Behalf of Corash & Hollender, P.C. <![CDATA[What is the best solution for overwhelming medical debt?]]> https://www.silawfirm.com/?p=52821 2026-05-12T23:45:04Z 2026-05-12T23:45:04Z Renegotiation 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.]]> 0 On Behalf of Corash & Hollender, P.C. <![CDATA[3 signs of elder financial abuse and how to stop it]]> https://www.silawfirm.com/?p=52818 2026-04-30T16:57:27Z 2026-04-30T16:57:27Z 1. 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 On Behalf of Corash & Hollender, P.C. <![CDATA[What happens if I fail the Chapter 7 means test?]]> https://www.silawfirm.com/?p=52815 2026-05-05T06:57:15Z 2026-04-30T15:56:46Z The Chapter 7 means test is designed to determine whether an individual qualifies for a liquidation bankruptcy based on their income and financial situation. If your income is above a certain threshold and your disposable income appears sufficient to repay some debts, you may not pass this test.  If you are hoping to file for bankruptcy, failing the means test does not mean you are out of options. It simply alters the ways in which your case is authorized to proceed.

Alternative pathways forward 

If you were hoping to pass the means test but failed it due to your income level, one possible outcome is that any Chapter 7 case that you’ve already filed could be challenged or dismissed. If the court or the U.S. Trustee determines that allowing you to proceed under Chapter 7 would be an abuse of the system, they may file a motion to dismiss any active case you’ve already filed. If that motion is granted, your debts will not be discharged under Chapter 7, and you will need to consider alternative solutions. Alternatively, you may be able to convert your case to Chapter 13. This is a common path for individuals who do not qualify for Chapter 7. Chapter 13 involves creating a repayment plan, typically lasting three to five years, wherein you pay back a portion of your debts based on your income and expenses. While this requires ongoing payments, it can provide protection from creditors and a structured way to address outstanding obligations. Another possibility is that your legal representative may be able to identify adjustments or allowable expenses that were not fully considered during your initial means test calculation. In some cases, correcting or refining the information can change the outcome and allow you to qualify for Chapter 7 after all.  It is also important to remember that the means test is only one part of the analysis that the court will use when evaluating any case that you may have filed or hope to file. Courts may consider the totality of a filer’s financial situation, including special circumstances such as medical expenses or recent job loss, which could justify Chapter 7 relief even if initial numbers suggest otherwise. Failing the means test can feel discouraging, but it does not mean bankruptcy relief is unavailable. Speaking with an experienced legal team can help you understand your options, evaluate whether Chapter 13 is appropriate and determine the best path forward based on your financial goals.]]> 0 On Behalf of Corash & Hollender, P.C. <![CDATA[What is Community Medicaid?]]> https://www.silawfirm.com/?p=52810 2026-01-27T15:54:45Z 2026-01-27T15:54:45Z Community Medicaid is a form of Medicaid coverage designed to help older adults and individuals with disabilities receive care while continuing to live at home or in their community, rather than in a nursing facility. It can be a consequential form of financial support for people who need assistance with daily activities or medical care but want to maintain their independence for as long as possible. Unlike institutional Medicaid, which primarily covers long-term care in nursing homes, Community Medicaid focuses on services that support aging in place. These services can include in-home health aides, personal care assistance, adult day programs, skilled nursing visits, therapies and in some cases, home modifications or medical equipment. The goal is to provide support in a less restrictive and often more cost-effective setting.

Eligibility and administration: The basics 

Paying privately for in-home care can quickly become overwhelming, and Community Medicaid may provide the necessary support that allows individuals to remain safely at home. Eligibility for Community Medicaid involves both medical and financial concerns. Applicants must demonstrate a need for assistance with activities of daily living, such as bathing, dressing or mobility, and/or have a qualifying medical condition. Financial eligibility is based on income and asset limits, which vary by state. Some states offer Medicaid waiver programs that expand access to community-based services beyond traditional Medicaid rules. This program often allows individuals to qualify while retaining more assets than would be permitted under nursing home Medicaid. In many states, the rules are more flexible, especially for married applicants, helping spouses avoid impoverishment. However, the application process can still be complex, and improper planning can result in delays or denials. This is just one reason why those who may ultimately need this form of support can benefit from working with a skilled legal team as proactively as possible.  Because rules vary widely and change over time, planning for Community Medicaid should not be done casually. Working with a knowledgeable legal advocate can help individuals and families understand eligibility requirements, structure finances appropriately and navigate the application process as successfully as possible. ]]> 0 On Behalf of Corash & Hollender, P.C. <![CDATA[3 reasons to avoid debt settlement]]> https://www.silawfirm.com/?p=52862 2026-07-21T15:01:35Z 2026-01-18T15:59:13Z Unfortunately, too often,  people jump to select Debt Settlement, without full investigation. This is how Debt Settlement works: You sign an agreement to have the company take a fixed amount of money from your bank account monthly for up to five years. The Debt Settlement company notifies creditors that they have been hired.. They tell their customers that they should stop paying their credit cards and not to worry about anything But there are three things they do not tell you: ONE: Before they pay creditors the Settlement Company takes a big fee for themselves (usually more than a bankruptcy attorney would charge to file chapter 7 or chapter 13.) TWO: After that, they save your money until they have accumulated enough to settle with one creditor. After that, the start saving to settle with the second creditor. The Debt Settlement company has no ability to control the creditors while money is accumulated to make settlements. Eventually, creditors that you are not paying, and that have not received a settlement offer, lose patience, start calling you, and start suing you. There is no protection like the Bankruptcy Stay with the enforcement power of a contempt motion against any creditor that continues to call or sue. So, you end up with bad credit for not paying and judgments are entered. Your bank account can be frozen. Your pay can be garnished,. A lien can be placed against your house. THREE: You will get a 1099-C form from the creditor for “Cancellation of Debt Income” in the amount of any discount the Debt Settlement Company obtains for you, and you will have to pay income tax on it. They not only send this 1099 form to you; they send it to the IRS and NYS. If you don’t’ report on your tax return, the IRS and NYS will eventually catch up with you you and you will have to pay not only the tax on the unreported “income” but will also will have interest and penalties due to the government for not paying the tax. There are certain situations in which Debt Settlement is the only option:
  • If you will lose your job or your professional license if you file for bankruptcy
  • If you have assets that your bankruptcy lawyer can’t protect for you.
  • If someone else is jointly responsible for this debt with you and they cannot or will not consider a bankruptcy option
  • If you can pay off all your debts in one year.
Call (718) 442-4424 x 219 for a free consumer bankruptcy consultation by phone, by Zoom, or in-person.. You will learn:
  • Whether you are eligible for bankruptcy.
  • If so, what chapter would be best for you
  • Even if you are eligible, are there hidden risks that make bankruptcy a bad idea.
  • If risks are identified, what strategies can be used to avoid them
  • What are your bankruptcy and non-bankruptcy options
  • A forthright opinion as to which option would be best for your particular circumstances, whether or not we are retained to file a bankruptcy petition for you.
Paul Hollender, Board Certified Bankruptcy Attorney https://www.silawfirm.com/attorney/paul-hollender/ 48 years experience: The dean of Staten Island bankruptcy attorneys. SuperLawyers American Board of Certification Martindale-Hubbell Peer Rating: AV ( the highest) AVVO.com Rating  5.0/5.0 American Bankruptcy Institute National Association of Consumer Bankruptcy Attorneys Recommendation : Before jumping for the Debt Settlement option, consult an attorney who specializes in Bankruptcy Law, so you can make an educated decision as to the best option for you]]> 0