Blog

• posted: Apr. 19, 2023
• Michael O'Leary
• Bankruptcy
• Innocent Debtor

SUPREME COURT RULES THAT INNOCENT DEBTOR CANNOT DISCHARGE A PARTICULAR DEBT DUE TO FRAUDULENT CONDUCT OF A PARTNER The “honest debtor” did not have a good day before the US Supreme Read More

• posted: Jan. 03, 2023
• Michael O'Leary
• Bankruptcy
• No Property Liens,  Wage Garnishments Over Medical Debt in NY

The amendments to New York CPLR sections 5201(b) and 5231(b)(iv), which became effective November 23, 2022, have resulted in some wide-sweeping changes to the collection remedies available in the medical Read More

• posted: Oct. 04, 2022
• Michael O'Leary
• Bankruptcy
• defendant

The Second Circuit recently announced a bright-line rule about the triggering of protections afforded by the bankruptcy Automatic Stay, holding that as long as the debtor is named as a party Read More

• posted: Aug. 03, 2022
• Michael O'Leary
• Bankruptcy
• fraudulent transfers,  tax foreclose

In Gunsalus v. County of Ontario, 37 F. 4th 859 (2d Cir, 6/27/22) the Second Circuit recently held that a deed issued pursuant to a New York real estate tax lien Read More

• posted: Jul. 05, 2022
• Michael O'Leary
• Bankruptcy
• debit,  debit limit increase

Effective June 21, 2022 the new total debt limit threshold for Chapter 13 eligibility is $2,750,000.00 in “non-contingent, liquidated debts" owed on the date of the bankruptcy filing. This new Read More

• posted: Jun. 24, 2022
• Michael O'Leary
• Bankruptcy
• Consumer Debt Collection,  Money Judgments,  NY Interest Rate

For the first time in over 40 years, New York has amended CPLR § 5004 and lowered its interest rate on money judgments founded upon consumer debt, which is generally Read More

• posted: May 27, 2022
• Michael O'Leary
• Bankruptcy
• Consumer Credit Fairness Ac,  limitations

The recently passed Consumer Credit Fairness Act (“CCFA”) instituted some wide-sweeping, and much needed, reforms in the debt collection practice in New York State. First and foremost, the New York Read More

• posted: May 05, 2020
• Michael O'Leary
• Bankruptcy
• bankruptcy law

Every part of the country has been affected by the coronavirus. Like restaurants, arenas and other locations where people assemble for business or pleasure, most courts have been closed. If Read More

• posted: Apr. 21, 2020
• Michael O'Leary
• Bankruptcy
• coronavirus,  COVID-19,  healthcare,  medical bankruptcy

In the middle of an election year where healthcare is already a hotly debated issue, the COVID-19 pandemic has stirred further discussion about whether major changes are necessary. During the Read More

• posted: Aug. 31, 2018
• Michael O'Leary
• Bankruptcy
• debt collection,  FDCPA,  Henson v. Santander Consumer USA,  Supreme Court

In Tepper v. Amos Financial, LLC, No. 17-2851 (3d Cir. August 7, 2018), the court distinguished the Supreme Court's restrictive decision in Henson v. Santander Consumer USA, Inc., and held Read More

• posted: Aug. 30, 2018
• Michael O'Leary
• Bankruptcy
• chapter 13

The automatic stay of Bankruptcy Code section 362(a)(1) prohibits: "The commencement or continuation, including the issuance or employment of process, of a judicial, administrative, or other action of proceeding against the Read More

• posted: Jan. 26, 2017
• Michael O'Leary
• Bankruptcy
• asset transfers,  chapter 7,  income taxes,  New York bankruptcy law

It is generally true in a New York bankruptcy case that the Chapter 7 Trustee has a “look back” period of six years prior to the bankruptcy filing to examine Read More

• posted: Nov. 15, 2016
• Michael O'Leary
• Mortgage Modification
• Mortgage Modification

The Treasury’s Home Affordable Modification Program, known as HAMP, will sunset on December 30, 2016. HAMP, put in place early in the Great Recession, provides two separate avenues for a Read More

• posted: Dec. 05, 2013
• Michael O'Leary
• Bankruptcy
• Bankruptcy and Opening a Checking Account,  bankruptcy discharge

Debtors sometimes are unable to open a checking account after receiving their bankruptcy Discharge.   These debtors typically had a troubled history with their bank, generally involving fraud, bounced checks or Read More

• posted: Jul. 19, 2013
• Michael O'Leary
• Mortgage Modification
• Liability on Mortgage,  Mortgage Modification,  New York Bankruptcy Attorneys

Any exploration of this topic requires an understanding of reaffirmation agreements. Under New York bankruptcy law (In re Boodrow) a debtor does not have to sign a Reaffirmation Agreement for Read More

• posted: Jun. 19, 2013
• Michael O'Leary
• Bankruptcy
• Property Ownership After Bankruptcy,  Surrender House,  Surrender House Chapter 7

Many clients “surrender” their house as part of their Chapter 7 bankruptcy and assume that said act will allow them to put their homeowner's “experience” totally in their rear view Read More