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Exceptional Legal Representation Throughout
Long Island and New York, Since 1993.
CALL FOR A FREE CONSULTATION
Exceptional Legal Representation Throughout
Long Island and New York, Since 1993.
In this section, we take a different approach. Instead of organizing content by subtopics within an area in a thematically structured manner, as we have throughout this site, we put ourselves in the position of our clients. We address questions that reflect their concerns, revisiting the many times these inquiries have been raised—hence the name “Frequently Asked Questions” (FAQs). We categorize these FAQs into six subject areas: 1) Bankruptcy Law, 2) Foreclosure Defense, 3) Mortgage Modification, 4) Debt Negotiations, 5) Debtor Litigation Defense, and 6) Landlord-Tenant Law. The questions and answers in this section are prepared by Ronald D. Weiss with the assistance of experienced attorneys and staff in our office. Our information is specifically intended for individuals and businesses in the State of New York, particularly those in Long Island (Nassau and Suffolk Counties), New York City (Queens, Brooklyn, Manhattan, Bronx, and Staten Island), and Westchester County.
1) Principal Areas of the Website – This is the most detailed and comprehensive approach to the website’s content, where we delve into every legal concept and area, breaking them down into sections, subsections, topics, and subtopics that expand into further detail. The key sections featured in the Services section of the website each have their own brown buttons. Typically, subsections span multiple pages, each further divided into topics and subtopics. For instance, the main Bankruptcy Section is categorized into Bankruptcy in General, Chapter 7, Chapter 11, Chapter 13, Subchapter V, Adversary Proceedings, Contested Proceedings, and Bankruptcy Appeals, with each of these further subdivided into more specific subsections, topics, and subtopics.
2) The website’s section on quick links – This section takes an intermediate approach to each topic, balancing specificity and content depth. Here, we structure topics around questions people may ask, but from the perspective of a single area of law, while still providing detailed answers. However, in the Quick Links section of the website, issues are addressed topically (as in the Main Section) rather than thematically (as in the FAQs Section). For example, the Bankruptcy Quick Links area includes fundamental questions such as: What are the benefits of bankruptcy? What are the alternatives to bankruptcy? Are there different types of bankruptcy? What is Chapter 7? What is Chapter 13?
3) The website’s FAQ section-This approach is the least specific and least detailed for each topic. Since we rely entirely on a hypothetical non-attorney perspective to structure our questions, issues are addressed more thematically rather than being systematically organized by subject matter within each area of law. For example, in the bankruptcy section, questions are posed without specifying a particular chapter of the Bankruptcy Code or providing much detail. A general question in the Bankruptcy FAQs might be, “Should I File a Bankruptcy Case?” This question does not reference a specific bankruptcy chapter or consider key factors like debt levels, income, or assets. Instead of guiding the decision-making process with the usual detailed considerations, the question is asked and answered in a broad and general manner.
Frequently Asked Questions Regarding Bankruptcy are framed from the potential client’s perspective and reflect the common inquiries made during consultations. These questions often blur overly specific concerns by not focusing on particular bankruptcy chapters. Instead, this subsection examines bankruptcy in general, comparing it to alternative options. It provides insight into what can be done without delving too deeply into technical legal specifics. For example, the question “When Should I File a Bankruptcy Case?” is broad but frequently asked by clients. In such cases, we must analyze their financial situation, understanding that this single question actually encompasses multiple underlying concerns, such as:
1) An Alternative to Bankruptcy? – Is My Personal and/or Business Financial Situation in Need of a Bankruptcy Solution? This question involves analyzing the client’s personal and/or business financial situation to determine whether Chapter 7, Chapter 13, Subchapter V, or Chapter 11 bankruptcy may be viable options and how they could provide relief.
2) Other Options for Debt Relief? – Or if There is a Need for Legal Services, Are There Other Debt Solutions I Should Consider? This question builds on the analysis from Question #1, comparing the bankruptcy options available to the client with alternative solutions such as negotiation, modification, and litigation.
3) Which Solution for Bankruptcy? When and How to Implement? – If I Do Need to Look at Bankruptcy Solutions, Which Should I Consider, and How and When Should I Implement Them? Here, we take a more specific approach, identifying the bankruptcy chapter that offers the greatest benefits with the fewest drawbacks. We then discuss the details of implementation, including the required information, documents, and timing.
4) Timing? – On the Other Hand, What Are the Pros and Cons of Waiting or Not Acting Right Now? Even with a well-prepared plan to file, should the client proceed immediately or wait? In many cases, urgent circumstances dictate immediate action, but at times, strategic preparation is necessary. This may involve adjusting income to qualify for a specific chapter, spending down an account, or selling a vulnerable asset before filing to improve the client’s position.
5) Plans for backups? –Also, Should Other Legal Services Be Considered in Conjunction With or as a Supplement to the Bankruptcy Option? Once bankruptcy is chosen, the question arises whether additional legal services should be explored to address issues that bankruptcy alone may not resolve or to serve as a backup plan in case complications arise with the bankruptcy case.
6) Benefits versus Costs? What Are the Comparative Legal Costs and the Impact on My Credit for Different Legal Options, and Do the Benefits Justify These Costs? Ultimately, the client needs to understand the relative benefits and costs of all the legal options discussed to make an informed decision about the best course of action.
Frequently Asked Questions Regarding Foreclosures are again asked from the client’s perspective and are commonly addressed during consultations. These questions cover foreclosure litigation defense, bankruptcy options, and negotiation strategies in a general manner. As a foreclosure action progresses, it becomes essential to take an approach that blurs the different legal options to determine the best way forward. Ultimately, the client wants to know how to save their home and protect their family. Since each situation is unique, they must compare and evaluate their options. Similar to bankruptcy concerns, a typical client may ask, “What will stop or help resolve the foreclosure proceeding against my home?” To determine the best course of action, we assess various factors and legal solutions.
1) To what extent has a foreclosure lawsuit been initiated and how many payments has the client missed? Did the Foreclosure Litigation Actually Start, or Did the Client Just Receive Warning Letters and Notices (the Default Notice and the 90-Day Notice)? If the client has only received warning letters and notices, foreclosure defense is premature since there is no active litigation to defend against. Instead, the client should consider mortgage modification, as discussed in the next section of the FAQs.
2) How Does the Foreclosure Litigation Proceed? If the Foreclosure Litigation Has Started, How Far Along Is the Foreclosure Proceeding? Is it in the beginning, middle, or nearing the end? Is there any pending action, or is the case in a temporary lull with no ongoing litigation, scheduled settlement, or status conferences?
3) Does Anything Still Need to Be Represented? Is the Foreclosure Litigation at a Stage Where There Is a Summons and Complaint or a Pending Motion (Such as a Motion for Summary Judgment (“MSJ”) or Motion for a Judgment of Foreclosure and Sale (“MforJFS”)) That Requires an Answer or Opposition? Is there a pending hearing, such as a settlement conference, status conference, or other scheduled matter? If a pending issue exists, it will require legal representation and/or necessary legal documents. Did the client previously defend the foreclosure litigation, or have they been in default the entire time? Can we vacate the default?
Like the other FAQs, the frequently asked questions about mortgage loan modification are presented as though they were from a regular customer.
1. Amount of Arrears in Relation to the Client’s Earnings and Assets? These questions help determine whether the client can reinstate the mortgage by curing the arrears, modify the mortgage by resuming payments under new terms with an increased principal balance that incorporates the arrears, or explore alternative resolution methods for the amount owed to the lender.
Please click above to view frequently asked questions about debt negotiations and settlements.
Please click above to view frequently asked questions about debtor litigation defense.
Please click above to view frequently asked questions about debtor litigation defense.
Please call us at (631) 212-1046 or email weiss@ny-bankruptcy.com for a free consultation to discuss your questions regarding bankruptcy, foreclosure, and modifications in greater detail.
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