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Can You Use a Bankruptcy to Stop a Foreclosure?

Sawin & Shea

If you’re considering filing for bankruptcy, you’re not alone; roughly 375,000 people filed for bankruptcy in 2022, and home foreclosure filings rose 115% in 2022 over the number of foreclosures in 2021. The good news is that homeowners can get back on their feet and keep their homes with various options to stop foreclosure.

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Attempting Debt Collection Efforts After a Debtor Files for Bankruptcy

FFGN COLLECT NY

Are you or your collection attorney attempting debt collection efforts even though the debtor filed for bankruptcy? The debtor did not pay. We executed on the judgment and before any monies could be restrained to satisfy the client’s judgment, the debtor filed for bankruptcy; a no-asset case.

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Post-Judgment Collection Practices for When Your Debtor Won’t Pay Up

Collections Law

You’ve won your case in court, and your debtor needs to make the necessary payments to resolve the outstanding debt. Cohen LLC will frequently seek to attach your debtor’s bank accounts — either with notice or ex parte — in our efforts to secure payments from your debtor. But it rarely is that easy. Reach and Apply Injunctions.

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Post-Judgment Collection Practices for When Your Debtor Won’t Pay Up

Collections Law

You’ve won your case in court, and your debtor needs to make the necessary payments to resolve the outstanding debt. Cohen LLC will frequently seek to attach your debtor’s bank accounts — either with notice or ex parte — in our efforts to secure payments from your debtor. But it rarely is that easy.

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Tax Attorney vs Bankruptcy Attorney: What’s the Difference?

Sawin & Shea

If you’re worried about garnishments, foreclosures , lawsuits, repossessions , or other consequences of your debt, connect with an experienced bankruptcy lawyer at Sawin & Shea as soon as possible. They typically answer questions from a debtor about back taxes, filing annual tax returns, and tax penalties they may owe.

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Adjustable-Rate Mortgages and Bankruptcy

Sawin & Shea

And although there are benefits to obtaining this type of mortgage, debtors often have to pay increased interest and monthly payments. These increased payments can put financial pressure on debtors, leading them to fall behind on their housing payments. Adjustable rate mortgages have been on the rise in recent years.

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Can You Reaffirm a Debt in Chapter 13?

Sawin & Shea

A reaffirmation agreement is a document that re-obligates a debtor to repay a particular debt, such as a car loan, mortgage, or other loan type. Entering a reaffirmation agreement is a way that debtors in a Chapter 7 bankruptcy keep collateral attached to secured debt like houses or cars. Can You Cancel a Reaffirmation Agreement?