News & Resources

To Settle or Not to Settle: New Questions Raised About Pre-Bankruptcy Settlements

NEW YORK, NY -- Even bankruptcy experts and courts can disagree about whether and how to settle a potentially non-dischargeable fraud or intentional tort claim.

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Do 'All or Nothing' Reaffirmations Violate The Automatic Stay? No says the First Circuit Court of Appeals, emphatically

NEW YORK, NY -- Section 524(c) and (d) of the Bankruptcy Code set forth the basis for reaffirmation agreements in chapter 7 bankruptcy cases. A reaffirmation is an agreement to pay a dischargeable debt that meets the requirements of these sections. Any other agreement to pay a discharged or dischargeable debt is without legal effect. These sections of the bankruptcy code are a result of coercive and deceptive tactics used by creditors to secure reaffirmation of discharged debts.

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TIPS FOR IMPROVING YOUR CREDIT RATING

Many people with less than perfect credit find it difficult to obtain accurate credit information. And credit reports, even when obtained, regularly contain errors or omissions. Judgments, repossessions, slow payments, compromises, liens, and bankruptcies are irregularly reported by lenders or haphazardly acquired from public record databases by consumer reporting agencies ("CRAs").

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Statement of Client's Responsibilities

(As adopted by the New York Administrative Board of the Courts)

Reciprocal trust, courtesy and respect are the hallmarks of the attorney-client relationship. Within that relationship, the client looks to the attorney for expertise, education, sound judgment, protection, advocacy and representation. These expectations can be achieved only if the client fulfills the following responsibilities:

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CONSUMER BANKRUPTCY REFORM STALLS AGAIN: IS IT ABOUT TIME FOR A SECOND LOOK?

Sweeping consumer bankruptcy reform has been promised and much ballyhooed in the media for several years now. As the current bills languish in Congress, bankruptcy experts around the nation are kept guessing about the ultimate fate of major reform legislation.

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Statement of Client's Rights

(As adopted by the New York Administrative Board of the Courts)

1. You are entitled to be treated with courtesy and consideration at all times by your lawyer and the other lawyers and personnel in your lawyer's office.

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