By Michael O'Leary | Published June 24, 2022 | Posted in Bankruptcy | Tagged Tags: Consumer Debt Collection, Money Judgments, NY Interest Rate | Comments Off on New York Lowers its Interest Rate on Money Judgments for Consumer Debt Collection Cases
New York Lowers its Interest Rate on Money Judgments for Consumer Debt Collection Cases
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 defined as debts incurred “primarily for personal, family or household purposes”. Effective April 30, 2022, the Fair Consumer Judgment Interest Act (”FCJIA”) reduces from 9% Read More
Read MoreNew York Changes its Statute of Limitations for Consumer Debt Collection Cases
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 Statute of Limitations (“SOL”) for commencing a debt collection lawsuit was reduced from 6 years to 3 years, effective April 7, 2022. Other portions of Read More
Read MoreHow the COVID-19 Pandemic Affects Your Pending Bankruptcy Proceeding
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 you are in the midst of a bankruptcy proceeding, your case might be delayed, handled telephonically or be otherwise disrupted due to the pandemic. Furthermore, Read More
Read MoreCould the COVID-19 Pandemic Lead to the End of 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 Democratic presidential primary, the concept of Medicare for All split the candidates. While the candidate who promoted that concept has since dropped out of the Read More
Read MoreA Debt Collector By Any Other Name
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 that the defendant, a company whose principal business is the acquisition and collection of debts is a “debt collector” under the Fair Debt Collection Practices Read More
Read MoreWhen You Get Sued For Post-Filing Debt in 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 debtor that was or could have been commenced before the commencement of the case under this title, or to recover a claim against the Read More
Read MoreIncome Tax Debt Can Extend Trustee’s Time to Set Aside Asset Transfers
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 asset transfers and commence litigation to set aside any that are deemed to be fraudulent transfers. This is because the Bankruptcy Code allows a Chapter Read More
Read MoreHAMP Sunset Date is December 30, 2016
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 homeowner with a qualified mortgage dated prior to January 1, 2009 that is in default or at imminent risk of default to seek a mortgage Read More
Read MoreOpening a Checking Account After Bankruptcy
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 excessive overdraft activity, resulting in this negative information being reported to a check reporting company known as Chex Systems. Such negative information remains in this Read More
Read MoreMortgage Modifications Before, During and After Bankruptcy
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 a mortgage on real estate. This is a good thing (especially when dealing with second or third mortgages), since a signed Reaffirmation Agreement causes you Read More
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