Google the term “Long Island bankruptcy lawyer”, and you’ll get about 159,000 results (without quotes, it zooms to a whopping 400,000!).

So how are consumers supposed to narrow down the overwhelming amount of choices and find the best Long Island bankruptcy lawyer for their unique situation?

While there are a slew of websites that abound in offering advice on finding the best lawyer for you, we offer a very simple method – one that works well for any situation, including finding the best Long Island bankruptcy lawyer for your particular needs.

This 3-P method of inquiry breaks down what can seem like an arduous and time-consuming task into very doable ‘baby steps’:

PROBLEM:

The first step in getting started is to determine exactly what your problem is. While this might seem relatively simple at first, you might be surprised at what you find.

For example, you might be having problems making your monthly mortgage payment, and feel that your only choice is to file bankruptcy. You “assume” you’ll need a Long Island bankruptcy lawyer.

But what if the reason you’re struggling to make your mortgage payment is really because of high credit card balances and/or interest rates, or that your adjustable mortgage rate skyrocketed and is now unaffordable?

In these two cases, you might be better served by an attorney who specializes in debt consolidation and reduction for the first scenario, and a lawyer who is adept at negotiating loan modifications for the latter.

PROWESS:

Let’s face it:  Experience does count – especially when your fate is in someone else’s hands.

Regardless of the specialty – whether you need a Long Island bankruptcy lawyer, personal injury lawyer, or an attorney who specializes in real estate matters, you need to do your homework and check credentials, backgrounds, and references.

Here is a quick checklist:

Education:  Where and when did the attorney graduate law school?

Experience:   How long has the attorney been practicing law, and how long in the specific area you’re considering hiring him for?

Credentials:  Is the attorney currently licensed to practice law, and if so, in what states?  Are they a member of the American Bar Association or the State Bar Association?  Do they have any additional memberships or affiliations? 

References:  Ask for references – both from current and former clients.

PERSONABLE:

Lastly, there’s the human factor. Despite a great education and years of experience, it’s also extremely important that you feel comfortable with your new attorney. If you feel rushed, or that you’re not being heard, it may be a good idea to listen to your gut and look elsewhere.

By following the simple 3-P method of finding legal help, you can take heart in knowing that you’ve done all you can to make an informed decision. Whether you need the services of a Long Island bankruptcy lawyer or a family law attorney, the 3-P method can help narrow down the choices, so you can find the right attorney for you.

One of the most feared aspects of Long Island bankruptcy proceedings is the “341 Meeting” with creditors. This name is derived from the section of the Federal Bankruptcy Code, 11 U.S.C. 341, that requires a meeting to verify your financial information under oath. These meetings are usually scheduled around 30 days after the bankruptcy petition has been filed.

Most consumers approach this meeting with a sense of dread or apprehension, and one of the biggest reasons for that is the fear of confronting the creditors. However, creditors usually do not appear at this meeting (although they have the right to later contest or dispute any information given in their absence.)

If you have doubts about who will be at the meeting or what will occur, your Long Island bankruptcy lawyer can meet with you ahead of time to discuss the potential events that are likely to unfold, and can answer any questions you have in more detail.

Another common fear is the mistaken belief that you will have to appear before a judge. This is incorrect, as 341 Meetings are presided over by a bankruptcy trustee, not a judge. The trustee will oversee the meeting and ensure that responses are formally put on record.Rest assured, your Long Island bankruptcy attorney will look out for your interests, and advise you as necessary throughout the process.

One of the most pleasant surprises petitioners encounter is that 341 Meetings are usually short (sometimes lasting under five minutes!). While it is a momentous event to you, it’s really just a matter of business as usual for the trustee, who can hear upwards of 20 cases an hour if things go smoothly, as well as your experienced Long Island bankruptcy lawyer who will guide you through the day’s proceedings.

Remember – despite your apprehension, you’ve come this far in the process, and the 341 Meeting is just another step along the path towards financial recovery and freedom. By working with an expert Long Island Bankruptcy attorney, you’ll finish the day that much closer to the final outcome – a fresh start towards regaining your financial footing in life.

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Tests. Not only are they a dreaded part of high school, they also play a critical role in determining eligibility for filing Chapter 7 bankruptcy in Long Island.

Chapter 7 – also known as liquidation bankruptcy – is used for those consumers who have few assets and/or limited means to meet their financial obligations.

Many people mistakenly believe that if they own a valuable asset (such as a home), that they are disqualified from filing Chapter 7. Conversely, some people may think that because they have what they deem to be little disposable income left over at the end of the month, they’re automatically eligible to file for Chapter 7 bankruptcy in Long Island.

There is no hard, fast rule that denies homeowners the right to file for Chapter 7 bankruptcy in Long Island (nor conversely automatically grants those with limited discretionary income protections under Chapter 7 either.)

Instead, the Bankruptcy Court relies on what is known as the Means Test – a formula that takes numerous factors into consideration and then calculates whether a debtor qualifies to file for a Chapter 7 bankruptcy in Long Island.

A Means to an End: Your State’s Median Income

The first step to getting started in implementing the Means Test is to determine whether your income is above or below your state’s median income. In NYC, for example, if you are below the state median then you automatically qualify to file Chapter 7 bankruptcy in Long Island.

If you are above your state’s median, then you’ll need to complete the Means Test in its entirety. The Means Test is merely a formula that deducts certain monthly expenses from your current average monthly income to determine your final official level of disposable income.

Why Use the Means Test?

The purpose of the Means Test is to delineate those who earnestly cannot pay their debts, from those who have some means to do so. Many people want to file a Chapter 7 bankruptcy in Long Island, believing that it will erase all of their debts. While this can sometimes be the case, there are also many instances where this is not so.

Furthermore, for those with assets such as a home, Chapter 7 may not be the right solution for you. Only by working with a competent attorney who handles Chapter 7 bankruptcy in Long Island will you be able to determine which filing is right for you.

With the slew of mortgage modification programs available today, how can homeowners choose the best one for their respective situation? How do you know if a mortgage modification program is right for you, or if there is indeed some other better alternative out there?

Oftentimes, homeowners feel that conceding to foreclosure or even bankruptcy are the only viable alternatives available to them. But with today’s economic stimulus packages, however, hope is at hand. The government sensibly realizes that home ownership fuels national economic stability, so they’ve created numerous mortgage modification programs that can give you the breathing room you need and help you regain your financial footing

A mortgage modification program may indeed be right for you, but as with any government program there are regulations and criteria. Most programs require owner occupancy (i.e., not a rental or investment property), and preclude the borrower from having a large amount of unsecured debt (i.e., credit card debt.)

But don’t despair, because even if you have substantial unsecured debt, there are other types of mortgage modification programs that exist to help you as well (usually with the caveat of mandated consumer credit counseling.)

An exorbitant monthly mortgage payment can truly be an albatross around your neck – the one thing weighing you down and holding you back from gaining traction to shore up your financial footing. Whether you’re a victim of a balloon payment come due or an astronomical rate adjustment, the right mortgage modification program can tame that savage beast and give you financial peace of mind.

We invite you to contact us today and let us show you the array of mortgage modification programs that are available to you, so you can put your financial worries to rest and start living a better tomorrow – today.

Which One is Right One for You

There are many bankruptcy lawyers in Suffolk County, so how do you choose the best one for you? How do you sift through all of the possibilities, and find the one that will best fight to protect your interests? The one that will always give you the best legal counsel, while treating you with compassion and respect?

 

Many people facing financial difficulties tend to become paralyzed with fear, and wait so long to seek help that oftentimes bankruptcy seems like the only solution. Sadly, many bankruptcy lawyers in Suffolk County are happy to steer their clients down that nice, tidy, formulaic path, because doing so often involves far less work than sitting down with a client and educating them about the many options available to them (as well as the correlating benefits and repercussions for each option.)

 

At the Law Offices of Ronald Weiss, however, we do things a bit differently. We’re among the best bankruptcy attorneys in Suffolk County because we believe in taking the time to truly converse with you, our potential client – to get the facts unique to your specific situation. Only then do we begin to strategize to custom-tailor a plan specifically for you.

 

So remember, when it comes time for you to choose from among the many bankruptcy attorneys in Suffolk County, choose wisely. While all men may be created equal, all bankruptcy attorneys in Suffolk County are not. Call the Law Offices of Ron Weiss today, and let us show you the many options available to you.

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Long Island foreclosure lawyers and bankruptcy attorneys are reporting that they are finding a large increase in the number of people consulting them about loan modifications. The need for loan modifications is understandable, given the current economic climate.  Also the fact that financial institutions are realizing that while loan modifications may result in a lowering of their profit margins, are willing to accept this as being better than no profit or even a loss.

 

When a borrower defaults on loan repayments and the property is foreclosed everyone involved loses. The borrower has lost his house and financial institution is left with a property that will be next to impossible to sell at a profit. Lenders are not interested in the property – their business is to make profits from lending money.

 

If banks and finance companies are willing to offer loan modifications as a way of avoiding foreclosures, what’s the problem? Shouldn’t the homeowner just grab anything that may ease the financial burden and give them a chance to keep the house? Unfortunately it’s not quite that simple.

 

Even when they have no choice but to ask for loan modifications, the financial institutions will try to attain the maximum benefit they can from the revised terms. There’s nothing wrong with that – it is their job to make money where they can. But what seems to be benefiting the homeowner may not be the full picture. Let us take just one example given by the NACBA or the National Association of Consumer Bankruptcy Attorneys – when loan modifications are done, less than 10% of the modified loans result in the principal loan balance being reduced. What may seem to be a benefit may not really be. Since it is a business negotiation, homeowners should always negotiate for the best possible repayment terms they can get.

 

It seems the residents of Suffolk and Nassau Counties are discovering the complexities of loan modifications now being offered and negotiated. That is why consulting a Long Island foreclosure lawyer has become an important part of any loan modification discussion. A Long Island foreclosure lawyer will understand the long term implications of the modifications and advise you what is in your best interest and what is not. With expert legal advice, you can negotiate the best possible loan modifications.

 

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New York State is far from immune to the problems of bankruptcies and foreclosures. Even the up market areas of Nassau and Suffolk Counties are finding this to be a growing problem.  This is a problem that is hurting mortgage companies and banks, as much as it is hurting the financially distressed home owner. When a foreclosure occurs, no one wins.

 

That’s why financial institutions are now actively pursuing the option of mortgage modifications as a means to allow people to retain their homes. Mortgage modifications are meant to reduce the financial burden on the homeowner and allow him to continue to remain in possession of his property, while paying off the mortgage at a more convenient rate. Often the total amount of the outstanding balance is also reduced to make the payments more workable. This is not charity on the part of the financial institutions. Mortgage modifications may result in a lowering of their profits, but a reduced profit is better than no profit or the loss you would suffer when a foreclosure takes place.

 

It is important for homeowners to understand that mortgage modifications are a business practice and not just blindly accept whatever restructuring the financial institutions offer. This misplaced sense of gratitude that homeowners show when offered mortgage modification is something that finance companies use to their advantage.

 

Always remember the mortgage modifications are being offered because it is in the interest of the finance companies not to foreclose on the property. When a foreclosure happens you both lose. If you are looking for or being offered mortgage modifications, you need to be clear of what it is you are getting and what is expected of you. This is business, so don’t be afraid to negotiate hard.

 

Mortgage modifications can com with complex issues and many people in the Nassau and Suffolk areas are contacting Long Island foreclosure lawyers for advice on the mortgage modifications being offered to them by the financial institutions. It is not just a case of trying to prevent foreclosure for Long Island residents. The financial institutions want to salvage as much for themselves as they can from the situation and while the mortgage modification terms may be better than what you originally had, they may not be as good as what you can negotiate for.

 

Consulting a Long Island foreclosure lawyer will enable those involved in the mortgage modification process to make sure that the new deal they are getting is the best one available and that there are no hidden issues that could cause problems later on.

 

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Over the last few months we have seen what can happen not just to homeowners, but to the economy of a country, and even the world, when mortgages go wrong. Even the residents of affluent areas like Long Island are suffering. One might have thought mortgage problems would be more manageable. The number of people consulting foreclosure lawyers in Nassau and Suffolk Counties has seen a big increase.

 

In mortgage modifications & negotiations, people tend to focus on the interest rate. While this is a critical factor and needs to be given ample attention, there are other factors that are often overlooked and can cause as much harm.

 

When you are shopping around for a mortgage, always ask for a no obligation quote. This will allow you to avoid revealing your income details to everyone and keep your credit rating from being subjected to too many lender inquiries. At the same time, when you have to provide income details, make sure they are accurate and verifiable. Mis-stating your income even once, can affect your credibility and how much the mortgage is going to cost you.

 

If your credit is not the best, do not allow lenders to use that to push you into excessive interest rates, fees and unfair conditions. Be up front about your credit rating and sooner or later you will find a lender who will be genuine in their efforts to give you a fair deal.

 

Remember, you have a right to question the need for any condition that does not seem fair or necessary to you. It is the lenders job to convince you of why it is required. Shop around for mortgage offers and study comparisons. You will find wide variations in the terms and conditions. If need be, get an expert to tell you what is right for you. A mortgage with a low interest rate, but impossible conditions can cause several problems.

 

Consider the penalties for things like defaults and prepayment very carefully. This is where many of the pitfalls are hidden during mortgage negotiations.

 

Also, remember knowing what to avoid is not the same as being sure you get the best. That’s something that should be left to experts like Long Island foreclosure lawyers who know more about mortgage negotiations and their complexities and ramifications than others. They have seen what happens when a mortgage goes wrong and are the best ones to point out where you should look for additional benefits and where the dangers lie.

 

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Many people labor under a mistaken impression that bankruptcy means a person has lost everything. Far from it. Bankruptcy means that a person is having cash flow problems and is unable to repay their debts.

 

Bankruptcy law firms in Nassau County are reporting that people who are facing bankruptcy, and who are unaware of the governing laws often lose far more than they need to.  Bankruptcy is a complex issue, and now, with the recession making things even worse people are on edge about their cash flow and retirement funds.

 

Nassau bankruptcy lawyers, say that most people are unaware of the protections offered to them under bankruptcy laws. It is common for people facing bankruptcy to liquidate their 401(K) and other retirement savings in an effort to pay off creditors and prevent bankruptcy. What they do not realize is that they are doing themselves more harm than good by these actions. In most cases, these funds are not enough to pay off the outstanding debts, and the partial clearing of debts does not stop bankruptcy proceedings. Also, the sudden liquidation of the retirement funds places a needless tax burden on the debtor.

 

Retirement savings should not be liquidated in bankruptcy cases.  Most forms of retirement savings are not affected by bankruptcy since they are not considered to be part of the estate which is liable for paying the debt or are exempt from creditor claims.

 

Various laws passed over the last few years have also offered additional protection to those facing bankruptcy. The trouble is that people either do not know about them or are unable to grasp the intricacies and appreciate the amount of protection they are entitled.

 

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Speaking recently before the Senate Banking Committee, Federal Reserve Chairman Ben S. Bernanke presented a sobering view of the economy. Mr. Bernanke said if, and the key word here is IF, the actions of the new administration are successful in bringing back financial stability and restoring consumer confidence, 2010 may be the year of recovery.

 

Obviously he could not make any rash promises. The point of contention is that the rescue packages and stimulus plans are a great leap into the unknown. Everything sounds good in theory, but how it will actually work in practice is something that people can only predict, not guarantee. Even as Mr. Bernanke appeared before the Senate, reports of falling housing prices and collapsing consumer confidence kept getting worse.

 

New York seems to be one of the most affected states, with bankruptcies and foreclosures on the rise. Bankruptcy law firms in Long Island NY are receiving and ever growing number of calls from people looking for protection to help them retain what little they have left in the face of this disaster.

 

The fact remains that while all the long term plans for economic revival sound great, the average American family is not looking towards the next year. Rather, they are wondering how to survive the next month. Certainly, lower gas prices have helped and elevated levels of consumer spending have kept the economy afloat, for the most part. But foreclosures and bankruptcies continue to rise. Gas prices have maintained low price along with other day-to-day expenses. The logic is, money saved on day-to-day expenses should be used to pay off mortgages and other debt, but this does not seem to be happening. Perhaps this is because we, as a society, are very dependent upon credit.

 

With people caught between a rock (bankruptcy) and a hard place (foreclosure) it’s not easy to decide which way to go. And with no immediate resolution to our economic woes, unpleasant decisions need to be made and made soon.

 

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