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Debtor Protection Archives

Debt Relief for New York Rent-Stabilized Tenants

Debt Relief for New York Rent-Stabilized Tenants By Wayne M. GreenwaldUntil recently, New York State residents with rent stabilized apartments risked losing their homes in bankruptcy. This unhappy state ended in the recent decision, In the Matter of Mary Veronica Santiago-Monteverde. etc., (Santiago-Monteverde.")1 New York State's highest court ruled that rent stabilized leases are "public assistance benefits" which are unavailable to be converted to cash to pay creditors.

New York State Creates New Consumer Debt Collection Rules

New York State Creates New Consumer Debt Collection Rules By Wayne M. GreenwaldOn September 16, 2014, New York courts announced rules banning collecting consumer debts which were: a.) not incurred; b.) previously paid; or c.) subject to statute of limitations defenses.

A Hard Lesson from a Lucky Debtor with Inaccurate Schedules

A Hard Lesson from a Lucky Debtor with Inaccurate Schedules By Wayne GreenwaldWe can't overemphasize the importance of filing accurate schedules and statements in a bankruptcy case. Regardless of lawyers' skills, clients must review their schedules carefully before signing them. The recent decision in Crawford v. Franklin Credit Management Corp.1 ("Crawford") illustrates the dangers of inaccurate schedules and a lucky "escape hatch."

A "Kodak Moment" for Landlords & Tenants

A Kodak Moment for Landlords and Tenants By Wayne GreenwaldThe Eastman Kodak Company reorganization2 provided a "shot in the arm" for debtors and a shot at landlords to be reckoned with. In re Eastman Kodak Company, 495 B.R. 618 (Bankr S.D.N.Y. 2013) ("Kodak").

Inherited IRAs are Not Exempt from Creditors in Bankruptcy

Inherited IRAs are Not Exempt from Creditors in Bankruptcy By Wayne GreenwaldOn June 12, 2014, The United States Supreme Court determined that Bankruptcy Code § 522(b)(3)(C) does not exempt inherited Individual Retirement Accounts ("IRAs") from creditors' claims in individual bankruptcy cases. Clark v. Rameker, 134 S.Ct. 2242 (2014).

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