A figure of Lady Justice wearing a blindfold and holding a sword and scales in her hands | Roemerman Law

The New York State Court System

The New York State Unified Court System, also known as the Judiciary of New York, is the judicial branch of the Government of New York. It comprises all the courts of the State of New York, excluding extrajudicial administrative ones.

  • The state's highest court is the Court of Appeals. It consists of seven judges and sits in Albany.
  • The principal intermediate appellate court is the Appellate Division of the New York State ...

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A man facing foreclosure in front of a judge holding a Judgment of Foreclosure and Sale | Roemerman Law

Foreclosure in New York

When a borrower misses one too many mortgage payments, the lender has the right to file a lawsuit against them because mortgage loans are secured by real estate, meaning the property is used as collateral. The borrower is served with papers telling them that they must appear in court. If the borrower still refuses to pay, the lender can ask the judge to sign a judgment giving them ownership of the property. This process, whereby a lender seizes a...

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A credit report put on the table together with credit cards, pen, plane, and calculator | Roemerman Law

How Does Bankruptcy Affect My Credit Report?

If you, like millions of other Americans each year, are facing mounting bills and spiraling debt, filing for bankruptcy may help you get back on your feet financially. Moving ahead with bankruptcy, however, is not an easy decision. Even though bankruptcy may genuinely be life-changing—in a positive way—you should also consider the consequences it may have on your credit. To this end, it is highly advisable that you speak with an Read More

An employer discriminating his employee on the basis of bankruptcy | Roemerman law

Can Employers Discriminate on the Basis of Bankruptcy?

Every year, millions of Americans face financial hardship, as they find themselves having to deal with economic arrears and spiraling debt. The authority to enact bankruptcy laws is vested in Congress by virtue of the U.S. Constitution, making this a primarily federal matter. Bankruptcy proceedings are handled in federal courts under rules outlined in the U.S. Bankruptcy Code [1]. The very philosophy behind the notion of bankruptcy is to offer co...

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A man locked in a prison cell sitting on a bed thinking about his credit card debt

Can You Go to Jail for Credit Card Debt?

Based on data from the Federal Reserve Bank of New York, the Quarterly Report on Household Debt and Credit of 2022 shows a solid increase in total household debt of $266 billion, reaching a whopping $15.84 trillion. Credit card balances are $71 billion higher than in 2021, unlike balances on home equity lines of credit (HELOC) that have remained relatively flat for the past 3 quarters [1]. This suggests that Americans are currently charging more ...

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Steps and Stages of Chapter 7 Bankruptcy Timeline

How Long Does Chapter 7 Bankruptcy Take?

Chapter 7 bankruptcy, a code of federal laws (Title 11 of the United States Code) designed to assist those who find themselves unable to repay their debts, has offered the opportunity for a fresh financial start to millions of Americans. Having to deal with the consequences of spiraling debt is a very stressful situation that affects the daily lives...

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Stop Creditors with a Bankruptcy Stay in New York

What Is an Automatic Stay in Bankruptcy?

The “automatic stay” in a bankruptcy case, also known as a “bankruptcy stay,” is an injunction that immediately “stays,” or halts, actions by creditors to collect debts from a debtor who has declared bankruptcy. The automatic stay is “automatically” initiated as soon as the filer submits their bankruptcy petition to the court, thereby giving debtors some extra time to sort out their finances. T...

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A white paper loaded into an antique typewriter with the words Chapter 7. typed on the paper, posing the question, What is Chapter 7 bankruptcy in New York?

What Is Chapter 7 Bankruptcy in New York?

If you're asking what is Chapter 7 bankruptcy in New York, know that it is a serious legal tool that shouldn't be entered into lightly. Fortunately, it can – in specific situations – help you move forward toward greater financial freedom. Chapter 7 bankruptcy is a specific chapter that represents what is known as straight or liquidation bankruptcy, in the Read More

Chapter 13 Bankruptcy Paperwork

What Is Chapter 13 Bankruptcy in New York?

If you’re currently facing financial issues, it can color everything you do and can make your financial future seem bleak at best. If your financial situation seems insurmountable, help may be available in the form of a Chapter 13 bankruptcy. Bankruptcy is obviously not the answer for everyone in every financially dire situation and is a fairly drastic move. Yet bankruptcy can – in certai...

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What Happens When You File for Chapter 7 Bankruptcy in New York?

Filing for bankruptcy is a decision that can have a substantial impact on your financial circumstances. For many people, filing under Chapter 7 will immediately improve their situation and is the first step to a brighter financial future. That said, it’s understandable if you are worried about what happens after you file,...

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