Small Business and Chapter 7 Bankruptcy
In the last few months, I have received a number of calls from owners of small businesses who want to file Chapter 7 bankruptcy, primarily due to credit card debt, but want to continue to operate their businesses.  In most of these cases, the business owner have used personal credit cards to fund business operations.  Since the time the credit cards were used, the business improved, and is now profitable or would be profitable where it not for the payments on credit card debt. Unfortunately, in this type of situation, filing ban

Why a Free Consultation Is Important in Chapter 7 or Chapter 13 Bankruptcy
When a potential client calls my office to ask bankruptcy-related questions, I usually suggest that he or she come in for a free initial consultation.  I also ask that when we meet, you bring  your bills, tax returns, pay stubs and any other documents that may be related to your situation.  The reason I ask for such documents is to assess your overall financial picture and to come up with possible solutions to existing problems. At the consultation, I ask questions to find out what assets are owned by the potential client and also what their debts are.  Depending on the responses I receive, I ask follow-up questions about the issues that may determine the course of action:

Can You File Chapter 7 Bankruptcy If Your Income Exceeds Median Family Income?
In these uncertain economic times, I am getting this question more and more from people considering filing for bankruptcy all over Western New York.   So can someone in Rochester making more than $75,000 file for Chapter 7 bankruptcy?  The answer to that question is likely to be yes. I have previously written about the means test component of the Chapter 7 bankruptcy.  Under BAPCPA, the

Chapter 7 Bankruptcy and Unpaid Tax Liabilities
One issue that periodically comes up in  Chapter 7 bankruptcy cases is unsatisfied tax liability.  As of late, the IRS and New York State Department of Taxation and Finance, have been aggressive in enforcing their claims with respect to unsatisfied tax liabilities. One common problem associated with back taxes is that the amount owed by the debtor tends to grow rapidly because of the interest and penalties that are imposed by the taxing authority.  In their collection efforts, the government agencies can engage in a variety of collection activities, including garnishment, levies, tax liens, seizure of physical assets, intercept of tax refunds, and other collection activities.

Can Trustee Search Your Residence in Chapter 7 or Chapter 13 Bankruptcy?
A question that I commonly hear from debtors in Chapter 7 and Chapter 13 bankruptcies in Rochester or surrounding  counties, is whether when they file for bankruptcy, someone will come to their house or apartment, and search or remove their assets.  My typical response is to reassure them by telling them that in my experience, any such visits are extremely rare, and would only serve to verify the accuracy of their bankruptcy petition and other disclosure provided during their bankruptcy case.  At the same time, as a bankruptcy lawyer, any such statements makes me concerned, since whether or not someone will actually come to search your house or apartment if you file for