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Bill introduced to discharge student loans in bankruptcy
H.R.9110, a bill to provide bankruptcy relief for student borrowers, was introduced on September 30, 2022, by Rep. Jerry Nadler (D-NY-10). The text of the bill is not yet available, but its title “The Student Borrower Bankruptcy Relief Act” is certainly encouraging. Watch this space. https://www.congress.gov/bill/117th-congress/house-bill/9110
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New NYS law gives consumers new rights against collectors
As of April 7, 2022, creditors are prohibited from suing or threatening to sue on a debt older than three years, down from six years Good news for consumers in New York State! The Consumer Credit Fairness Act of 2021, which went into effect on April 7, 2022, makes important changes regarding the collection of…
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Bankruptcy can help tenants facing eviction to stay in their homes, eliminate rent arrears
On January 15, 2022, the New York eviction moratorium terminated. For many tenants who are behind in their rent across the state, this means that they are now subject to eviction by their landlords. Bankruptcy can be helpful in resolving the debt that unpaid rent has triggered. In a Chapter 7 bankruptcy, the tenant who…
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More Flexible Offer-in-Compromise Terms Help Taxpayers Make a Fresh Start
The IRS has expanded its “Fresh Start” initiative by offering more flexible terms to its Offer-in-Compromise Program. These newest rules enable some financially distressed taxpayers to clear up their tax problems even quicker. An offer-in-compromise (OIC) is an agreement between a taxpayer and the IRS that settles the taxpayer’s tax liabilities for less than…
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New law gives businesses, individuals more time to challenge a wrongful IRS levy
Businesses and individuals have additional time to file an administrative claim or bring a civil action for wrongful levy or seizure, according to the Internal Revenue Service. The Tax Cuts and Jobs Act of 2017, the tax reform law enacted in December, extended the time limit for filing an administrative claim and for bringing a…
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Chapter 13 Debtors May Have Options When Plan Payments No Longer Feasible
During the pendency of a Chapter 13 bankruptcy, debtors may find that due to circumstances beyond their control, they are no longer able to make the requisite plan payments to the trustee. If plan payments are not made as required, the debtor will find himself the subject of a Motion to Dismiss for Failure to…
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Tax debt relief through bankruptcy discharge
One misconception about bankruptcy is that tax debts cannot be discharged. While it is true that some tax debts cannot be discharged, it is not true that all tax debts cannot be discharged. In fact, for many individuals, bankruptcy can offer taxpayers tax debt relief to years-old federal and state tax liabilities that they otherwise…
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Keeping your car and house after filing bankruptcy
In many cases you will not lose your home or car during your bankruptcy case as long as your equity in the property is fully exempt. Even if your property is not fully exempt, you will be able to keep it, if you pay its non-exempt value to creditors in chapter 13. However, some…
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Facebook login demands can place employers at legal risk to non-hired applicants
News of a disturbing trend was brought to the fore this week when it was reported that many potential employers are requiring job applicants to provide them with their Facebook login information as part of the interview process. While not illegal per se, it is, if nothing else, invasive and coercive. For potential employees, not…