Exceptions to Discharge
Lamar, Archer & Cofrin, LLP v. Appling, No. 16-1215 The Supreme Court issued a ruling today regarding the non-dischargeability of certain statements. The Court performed a close reason of Bankruptcy… Read more >
Articles and News
Discharge Order
Taggart v. Lorenzon, 587 U.S. ____ (2019) A primary benefit of seeking relief under the U.S. Bankruptcy Code is the potential for a bankruptcy debtor to obtain a discharge. A… Read more >
Discharge Exception, Fraud
Bartenwerfer v. Buckley, Slip Op. 2022 October Term Docket 21-908 The United States Supreme Court issued an important ruling pertaining to the fraud exception to a debtor’s discharge. U.S. bankruptcy… Read more >
Foreclosure Process
Served with foreclosure papers? What do you do? Here is a brief summary of how the foreclosure process in New York works. Step 1: Summons and complaint. When any court… Read more >
Foreclosures
Statute of Limitations Freedom Mortgage Corp. vs. Engel Last year (2021), New York’s highest court, the Court of Appeals, issued and important decision related to statute of limitations in mortgage… Read more >
Increases to Chapter 13 and Sub-chapter V (Ch. 11) Debt Limits Passed Into Law
Last week the President Biden signed a much-needed update to the Bankruptcy Code regarding debt limitations. For chapter 13 debtors, the Bankruptcy Code has maintained debt limits with built-in increases… Read more >
Appellate court issues opinion regarding 90-day pre-foreclosure notice.
A New York appellate court in the second department (which includes Westchester as well as Brooklyn, Queens, Long Island and the counties of Rockland, Putnam, Orange and Dutchess) recently issued… Read more >
Discharging Student Loan Debt (U.S. Appeals Court Decision)
An important recent decision in the Second Circuit (the federal appellate court comprising the judicial districts within New York, Connecticut and Vermont) took up the important issue of a bankruptcy… Read more >
New York Foreclosure Bank Firm Sued for Overbilling
On March 28, 2018, the United States Attorney for the Southern District of New York announced the filing of a lawsuit against foreclosure firm Rosicki Rosicki and Associates, P.C. for… Read more >
Student Loan Lender Fined
A major student loan creditor, National Collegiate Student Loan Trusts and student loan debt collector, Transworld Systems settled with the Consumer Financial Protection Bureau (CFPB) and agreed to stop collecting… Read more >