Cooperstown Bankruptcy & Debt Lawyer, New York

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Todd Daniel Bennett

Traffic, Criminal, Bankruptcy, Personal Injury
Status:  In Good Standing           Licensed:  33 Years

Roger M Mallery

Bankruptcy, Real Estate, Trusts, Wills & Probate, Child Custody
Status:  In Good Standing           Licensed:  69 Years

Rosemarie Richards

Bankruptcy, Family Law, Adoption, Real Estate
Status:  In Good Standing           Licensed:  23 Years

Peter W. Hobaica

Estate Planning, Criminal, Bankruptcy, Personal Injury, Medical Malpractice
Status:  In Good Standing           Licensed:  40 Years

Cindy Marie Domingue-Hendrickson

Credit & Debt, Landlord-Tenant, Social Security, Elder Law
Status:  In Good Standing           

Clifford Craig Eisenhut

Divorce & Family Law, Bankruptcy
Status:  In Good Standing           Licensed:  17 Years

Peter Michael Hobaica

Estate, Criminal, Bankruptcy, Accident & Injury, Personal Injury
Status:  In Good Standing           Licensed:  40 Years

Michael N. Kalil

Family Law, Business Organization, Banking & Finance, Collection, Child Custody
Status:  In Good Standing           Licensed:  38 Years

J.K. Hage

Communication & Media Law, Family Law, Corporate, Reorganization
Status:  In Good Standing           

Michael James Laucello

Social Security -- Disability, Divorce, Bankruptcy, Personal Injury, Divorce & Family Law
Status:  In Good Standing           Licensed:  47 Years

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Free Help: Use This Form or Call 800-943-8690

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800-943-8690

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LEGAL TERMS

PRESUMED ABUSE

In a Chapter 7 bankruptcy, when the debtor's current monthly income exceeds the family median income for his or her state and he or she cannot pass the means te... (more...)
In a Chapter 7 bankruptcy, when the debtor's current monthly income exceeds the family median income for his or her state and he or she cannot pass the means test, the court will presume that the debtor has sufficient income to fund a Chapter 13 plan. In this situation, the debtor will not be allowed to proceed with a Chapter 7 bankruptcy unless the debtor can prove that he or she is not abusing the Chapter 7 bankruptcy remedy.

CHAPTER 7 BANKRUPTCY

The most familiar type of bankruptcy, in which many or all of your debts are wiped out completely in exchange for giving up your nonexempt property. Chapter 7 b... (more...)
The most familiar type of bankruptcy, in which many or all of your debts are wiped out completely in exchange for giving up your nonexempt property. Chapter 7 bankruptcy takes from three to six months, costs about $200, and commonly requires only one trip to the courthouse.

CREDITOR

A person or entity (such as a bank) to whom a debt is owed.

REDEMPTION

In Chapter 7 bankruptcy, when the debtor obtains legal title to collateral for a debt by paying the creditor the replacement value of the collateral in a lump s... (more...)
In Chapter 7 bankruptcy, when the debtor obtains legal title to collateral for a debt by paying the creditor the replacement value of the collateral in a lump sum. For example, a debtor may redeem a car note by paying the lender the amount a retail vendor would charge for the car, considering its age and condition.

ADMINISTRATIVE EXPENSES

The trustee's fee, the debtor's attorney fees, and other costs of bringing a bankruptcy case that a debtor must pay in full in a Chapter 13 repayment plan. Admi... (more...)
The trustee's fee, the debtor's attorney fees, and other costs of bringing a bankruptcy case that a debtor must pay in full in a Chapter 13 repayment plan. Administrative costs are typically 10% of the debtor's total payments under the plan.

SETOFF

A claim made by someone who allegedly owes money, that the amount should be reduced because the other person owes him money. This is often raised in a countercl... (more...)
A claim made by someone who allegedly owes money, that the amount should be reduced because the other person owes him money. This is often raised in a counterclaim filed by a defendant in a lawsuit. Banks may try to exercise a setoff by taking money out of a deposit account to satisfy past due payments on a loan or credit card bill. Such an act is illegal under most circumstances.

FORBEARANCE

Voluntarily refraining from doing something, such as asserting a legal right. For example, a creditor may forbear on its right to collect a debt by temporarily ... (more...)
Voluntarily refraining from doing something, such as asserting a legal right. For example, a creditor may forbear on its right to collect a debt by temporarily postponing or reducing the borrower's payments.

FCBA

See Fair Credit Billing Act.

PREFERENCE

A payment made by a debtor to a creditor within a defined period prior to filing for bankruptcy -- within three months for arms-length creditors (regular commer... (more...)
A payment made by a debtor to a creditor within a defined period prior to filing for bankruptcy -- within three months for arms-length creditors (regular commercial creditors) and within one year for insider creditors (friends, family members, and business associates). Because a preference gives the creditor who received the payment an edge over other creditors in the bankruptcy case, the trustee can recover the preference (the amount of the payment) and distribute it among all of the creditors.

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