Bankruptcy Following a Judgment of Divorce

“My ex-spouse filed a bankruptcy and creditors are now coming after me…but he/she took the debt in our Judgment of Divorce.” A divorce is final and you believe everything is resolved, all prior ties are cut, and it is time to move on with the next path in life. Than the phone begins to ring, a creditor is saying you owe money. You pull out your Judgment of Divorce, tell them your ex-spouse took the debt, and they tell you its irrelevant, either pay the debt or they will sue. You are wondering … [Read more...]

Child Custody/Visitation

A New York court looks to provide a joint custody arrangement whereby the parents will share physical and legal custody of the minor child(ren) as it often is in the best interest of the child. Physical custody is the actual physical possession of the child whereas legal custody is the ability to make the everyday decisions on behalf of the child. When determining custody, the courts will consider some of the following factors: The child’s request (this is taken into account generally … [Read more...]

Yes, You Too Can Avoid a Nasty Divorce

The hope is that when you walk down the aisle with the love of your life that you'll stay together through good times and bad. The harsh truth is that almost half of all marriages end in divorce. Once you've embraced the idea that divorce is the best option and you've hired an experienced Westchester divorce attorney then you'll begin the filing and settlement process. This is where is can get nasty but it doesn't have to end up that way. If there are kids in the picture then you really want to … [Read more...]

Real Estate: Your First Home Purchase

Your First Home Purchase Our real estate closing lawyers will ensure that the mortgage commitment letter, good faith estimates of closing costs, escrows and lender fees are all properly calculated and consistent with our state’s requirements. For instance, a seller must disclose the condition of the property (or give a $500 credit) or can face a fine if he/she fails to provide such a disclosure (or credit). The purchase agreement is a relatively standard document that includes closing … [Read more...]

CHAPTER 7 OR 13, WHICH IS RIGHT FOR ME?

When considering a bankruptcy, you and our attorneys will work together to fashion a bankruptcy that best fits your situation. So what is the difference between the available types of bankruptcies?   Chapter 7: Liquidation A Chapter 7 bankruptcy is commonly referred to as a “liquidation” of your debts; it allows you to walk away from your debt and get a fresh start. You will be able to hang onto mortgages and car loans, permitting you are current with those creditors and there is limited … [Read more...]

Psst. Mister want to buy the Empire State Building? Cheap!

Would you buy the Empire State Building from a stranger? If you answered yes, then I hope you also bought title insurance. To show how easily a con artist can defraud a buyer, a reporter a few years ago “stole” the Empire State Building. Armed with a deed that anyone can prepare and a twenty dollar fake Notary Public stamp, a reporter gave a deed to the Manhattan clerk charged with handling deed recording. Proving that there are no safeguards, the clerk rubber stamped the deed transferring … [Read more...]

How to Rebuild Your Finances After Bankruptcy

Yes, there is life after bankruptcy. In fact, that post-bankruptcy era could turn out to be extremely prosperous because you've learned what not to do when it comes to debt. While it is true that the bankruptcy will be popping up on your credit report for the next seven years that doesn't mean you're frozen out from getting credit or a loan or making major purchases such as a car or home. You're just going to be a lot smarter about that! Here are some other tips for helping you rebuild your … [Read more...]

NEW YORK SPOUSAL SUPPORT

Family Law: "Alimony" in New York New York recognizes two types of support for a spouse: Spousal Support and Alimony (known as “maintenance”).  Alimony refers to support paid while the divorce action is pending, known as temporary maintenance, and money paid once the divorce is final. This article will focus on Alimony as spousal support is money a spouse pays to his/her spouse while still married. When parties separate or divorce, an ex-spouse can be responsible to pay the other … [Read more...]

How To Tell Your Kids You’re Divorcing

There is no escaping the simple fact that going through a divorce is going to cause a lot of upheaval in your life. That upheaval is compounded when kids are part of the picture. It's one thing if your children are grown up and out of the house. They'll still be upset but they've got their own lives to focus on. When it comes to telling younger kids and teens still living in the home you'll want to do some prep work with your spouse. Here are some helpful tips you can use in your approach to … [Read more...]

What to Know About Filing for Divorce In New York

The sad truth about some marriages is that they just weren’t meant to last. However, in New York City, the divorce rate is actually lower than most other metropolitan cities. Of course, Las Vegas holds the title for the greatest number of divorces. In the Big Apple the rate is around 210,000 out of a population of over 18 million. Here in Westchester those rates are on par at around 6% of males and 9% of females filing for divorce. While it is true that there is emotional pain going through a … [Read more...]