Family Law: Prenuptial Agreements

A ring is purchased, he’s on one knee, tears begin to spill….and you say, “Yes, I’ll marry you.” The happy times begin as the wedding planning is in full swing. But there is one conversation left to have…someone wants a prenuptial agreement. Often the first thought is…divorce. If someone wants a prenuptial agreement, that means they plan to divorce at some point in the future and that’s just not a good start to a marriage. However, prenuptial agreements can be very protective for all parties … [Read more...]

BEWARE OF DEBT CONSOLIDATION COMPANIES

I cannot begin to tell you the number of clients who come to me after starting with debt consolidation companies.   They have thing in common: they have less money than they did before they started with these companies.  If you owe a lot of money, and just can’t manage, you are an easy target for the unscrupulous who come out of the woodwork to prey on the vulnerable. THINK BEFORE HIRING - NOT FOR PROFIT DOES NOT EQUAL CHARITY Before you think of hiring one of these firms: Google! And, … [Read more...]

Family Law: Grandparents’ Rights

Family Law: Grandparents’ Rights The love and wisdom of a grandparent is just as important in raising children and can often be a secondary support system when parents have to work. However, divorce and death can hinder a grandparent from being just that….a grandparent. In New York, under Domestic Relations Law Section 72, grandparents have the ability to petition for visitation or custody rights when the parents reside in the state, one or both have passed away, or if the situation … [Read more...]

Family Law: Annulment – Erase My Marriage

Family Law: Annulment – Erase My Marriage  With the media captivated by the Kardashian-Humphries marriage saga, the topic of annulment versus divorce has come into the spotlight. What’s the difference? Why does it even matter since the marriage will end either way? Annulments are often brought on for religious reasons; the family does not believe in divorce or, in order to get married in a church again, annulments can often be necessary. An … [Read more...]

Bankruptcy: I’m on my Mom’s House

I need to file a bankruptcy, but I’m on my Mom’s House??? My mom put me on the deed to her home so as to protect it during the probate process, but it’s not my house. In a bankruptcy, the Court will look at all of your assets and debts, that includes any property that your name is on – including your mom’s house. That does not necessarily mean you cannot qualify for a bankruptcy, but it is something that our attorneys need to know about and to manage as part of your debt resolution. … [Read more...]

Garnishments: Can I get my money back after filing Bankruptcy?

Paychecks, bank accounts, even tax refunds….all sources can be subject to a creditor garnishment for a balance owed. And every time a garnishment happens, it feels as if that debt will never go away. Unfortunately, when you get to the point of being garnished, you are not only being garnished on the debt itself, but also on attorney fees and court costs – often times doubling what you originally owed that creditor. Our attorneys are here to help you stop garnishments through the bankruptcy … [Read more...]

Bankruptcy and Cancellation of Debt – 1099c

Bankruptcy and 1099c Forms With tax season just about behind us, many of our clients have questions regarding a 1099c “Cancellation of Debt” form they received. A hidden burden of settled debt, whether on your own or through Debt Consolidation programs, is this “cancellation of debt”; any balance the creditor forgave on your debt will be considered taxable income to the IRS. The timing of your bankruptcy filing can dictate how this matter gets corrected. If a creditor sends you a … [Read more...]

Filing Bankruptcy: Will my Boss Find Out?

Filing for bankruptcy can elicit any number of fears: what will my family think? Who will find out? Can I lose my job? All of these are normal concerns and issues that our Westchester bankruptcy attorneys will discuss during your initial consultation. A bankruptcy is a public record, and it will show up in your local legal newspapers. However, the negative stigma associated with bankruptcy is very minimal….you will not be walking around with a big scarlet “B” on your chest. The … [Read more...]

Getting Started: Filing for Divorce in New York (Residency Requirement)

Going through a divorce is an emotional and difficult time; even if both of you agree on everything, it is always recommended to review with an attorney. There may be property that needs to be divided or child support to be awarded, our Westchester family law attorneys will help you through the challenging process of filing for divorce.  Two initial requirements exist in order to file for divorce in New York: 1. Residency: there are several ways to claim residency – a. You or your spouse … [Read more...]

Debt Consolidation v. Bankruptcy

Our office frequently fields questions regarding the advantage of a bankruptcy over debt consolidation – after all, no one really wants to be considering bankruptcy. However, bankruptcy will afford you more protection from your creditors than debt consolidation services provide. 1. Debt Consolidation: this service allows you to work with your creditors and attempt to settle your debt pennies on the dollar. The advantage to debt consolidation is primarily the feeling that you did not have to … [Read more...]