Your Health Savings Account Might Not Be Exempt
- posted: Mar. 20, 2013
- Bankruptcy
A debtor’s funds held in a Health Savings Account (“HSA”) or Flexible Spending Account (“FSA”) do not appear to be exempt under either New York state exemption law or Section Read More
Must Spouses File Bankruptcy Jointly?
- posted: Feb. 05, 2013
- Bankruptcy
One spouse can file for bankruptcy without the other joining in the process, or even consenting to it. There are many instances where a couple would only want only one Read More
Your IRA Might Not Be Exempt
- posted: Jan. 23, 2013
- Bankruptcy
Your IRA Might Not Be Exempt Beginning with In re Daley, 459 BR 270 (Bkcy. EDTenn., 2011), some recent bankruptcy decisions have created doubt as to whether Individual Retirement Accounts (“IRA’s) Read More
The Automatic Stay and Chapter 13 Serial Filers
- posted: Dec. 18, 2012
- Bankruptcy
The Automatic Stay afforded to repeat (or serial) Chapter 13 filers has long been a thorn in the side of the mortgage industry, as each successive Chapter 13 filing resurrects Read More
Credit Reports and Post-Bankruptcy Mortgage Payments
- posted: Sep. 25, 2012
- Bankruptcy
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 Read More
Discharging Income Taxes and The Two-Year Rule for Late Filed Tax Returns
- posted: Aug. 30, 2012
- Bankruptcy
It is clear that a tax debt is not dischargeable in bankruptcy if a return for the year in question is not filed. See 11 USC § 523 (a)(1)(B)(i). However, Read More
