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Normally you look forward to Father’s Day, but if this is the first time you’ve celebrated it since your divorce, then you may be wondering how you’re going to manage. These feelings can be even more difficult if you are the noncustodial parent or you share custody but the kids live with their mom. Sometimes,…

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The manhole covers that dot the streets of New York City are supposed to keep pedestrians and road workers safe, but they also cause injury every year. Now that snow and ice are melting to make way for spring, people walking or working around them should take extra precautions. Below is an overview of common…

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You may have filed for Chapter 7 because you lost your job or had your hours cut back at work and couldn’t find suitable replacement employment. Now you’re thinking about taking your financial future into your own hands by starting a new business. While there is technically nothing stopping you from becoming an entrepreneur after…

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At one time, New York was a common law property state, meaning that all assets titled in the name of one spouse belonged to them after divorce. This created so many financial difficulties, especially for women who gave up careers to raise a family, that in 1980 New York passed the Equitable Distribution Law, which…

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At the first sign of spring, we start making some lifestyle changes. The heavy winter clothing goes back in the closet for another year. If a destination is within walking distance, then the car stays home. Public parks become busier. Like winter, however, spring has dangerous conditions. There are accidents that appear to occur or…

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The Memorial Day weekend is on the horizon. Whether you plan to stay in the city and catch the Soul Beach Music Festival or head up to your cottage in the Catskills, it’s essential that you stay safe while having fun. According to ValuePenguin, Memorial Day weekend is the major holiday weekend with the highest…

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Few things are more traumatic than losing your hearing. Along with vision, it is one of the senses that allows you to experience the world and live life to the fullest. When you lose this precious ability due to the reckless or negligent conduct of someone else, you have the right to file a personal…

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When you divorce in New York today, Domestic Relation Law Section 236 requires the marital estate to be divided equitably. In this sense, “equitable” means fair as opposed to equal, although New York family court judges strive to divide assets in a manner that gives each spouse what they need to pursue an independent life…

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When you are injured on the job or develop an occupational illness in New York, you are entitled to workers’ compensation benefits that address your medical bills and pay you a weekly amount based on the degree of your disability and how much you were earning before you were injured. Unfortunately, many injured workers refrain…

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Research suggests that next to high medical bills, job loss is the most common reason why Americans file for bankruptcy. If they are unable to find work before their emergency funds and COBRA insurance coverage runs out, then they face relentless payment demands from their mortgage issuer, auto loan provider, credit card issuer, and other…

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There are different types of marital agreements in New York state, including divorce settlement agreements, marital separation agreements, and stipulations of settlement. What they all have in common is that their contents must valid by statute if the parties want to enforce them. This condition was confirmed by the New York Court of Appeals in…

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Although Germany has been credited with being the first nation to institute daylight savings time, the Canadians became the first people to use DST when the people of today’s Thunder Bay, Ontario, turned their clocks forward one hour on July 1, 1908. The concept was not universally adopted until April 30, 1916, when Germany and…

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Most bankruptcies in New York go smoothly. If your trustee or one of your creditors has questions or concerns, then they are generally raised and resolved during the meeting of creditors. In some rare cases, a party seeking additional information will file a motion for a Rule 2004 examination. The Rule 2004 examination explained Debtors…

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If you are filing for divorce in New York and have a retirement plan or are eligible for a pension, then you will almost certainly hear the term “Majauskas Formula” during your case. A 1984 New York State Court of Appeals case titled Majauskas v Majauskas established the right of one spouse to the other’s…

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In New York, most workplace injuries are covered by state workers’ compensation laws. Federal employees, however, are covered by a different law when they are injured on the job. If you slip and fall, are struck by a falling object, or suffer any kind of injury while carrying out duties related to your government job,…

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You’ve heard about how bad faith on the part of a debtor can impact their bankruptcy filing. When they are motivated by anything other than unmanageable debt and the desire to start over, the court can dismiss their case. However, there are also cases where creditors can act in bad faith, particularly when they force…

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It’s a snowy day in New York City, so after a round of shopping, you and your friend decide to head to a newly opened cafe in Midtown for coffee and a snack. When you tell the server that you’re allergic to hazelnuts, he recommends a pastry that the menu board advertises as being nut…

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When you file for divorce in New York, all property acquired during the marriage is subject to equitable distribution, meaning that you divide it in a way that’s equitable, or fair. Until relatively recently, this property was mostly money, real estate, assets like cars, furniture, and jewelry, and even businesses. These days, it’s different. Thanks…

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For more than 24 hours, New York has been fast in the grip of a fierce northeast snowstorm. Ten inches of snow fell in the 24 hours ending 8:00 a.m. today… In Broadway and all the avenues and cross-streets… the snow was piled six feet high (and) transit in the remote sections of Brooklyn was…

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When you think of bankruptcy, you probably imagine an indebted person or business owner visiting a bankruptcy attorney’s office and filing a chapter that is best suited to their circumstances. While this is the most common way to file, it’s not the only one. There are actually two types of bankruptcy in New York: voluntary…

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Decluttering is challenging in the best of times, but tackling your home in the wake of divorce can be especially hard, not to mention emotional. Where do you start dividing the remnants of your married life? How do you transform your home from a marital nest into a single person’s abode when you can’t afford…

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On January 30, the New York State Police were called to a multi-vehicle crash and pileup on I-90 near Batavia. The incident, which occurred during a snow squall and involved 21 vehicles (including semis), left one trooper with minor injuries. Earlier that day, a chain-reaction crash in Wyomissing, Pennsylvania, damaged 27 vehicles and left 24…

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New York abolished common-law marriage in 1933, and other states soon followed suit. Today, only a dozen or so states recognize common-law relationships. They include Texas, Utah, Montana, and Rhode Island. This division raises some important family law questions. If you and your spouse had an officially-recognized common-law marriage in Texas (for example), and you…

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Many clients who file bankruptcy with our office have received notices in the mail or calls by phone that their debts have been purchased by a debt collector. A few of the most common agencies are: Midland Funding Asset Recovery Systems (ARS) United Collection Bureau (UCB) Cavalry Portfolio Services Many clients have many questions about…

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New York university and college students participate in internships to acquire practical experience and a better understanding of the industry in which they would like to work after graduation. None of them hope that their experience will include a personal injury, but like regular salaried workers, interns can be hurt on the job. Employers in…

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If you file a personal injury claim after an accident in New York, then the witnesses called to support your case can make a pivotal difference in the outcome. Witnesses to the accident can provide relevant testimony that supports your version of how it happened, who appeared to be at fault and any visible damages…

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When you approach the bankruptcy process from an honest and informed perspective, you have an enviable opportunity to eliminate a crushing debt load and start over. Unfortunately, too many debtors are dishonest or uninformed, causing them to risk dismissal of their case and, in some cases, charges of bankruptcy fraud. Before you file, make sure…

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On any given day, you’ll see thousands of distracted pedestrians on the streets of New York. They’re texting, listening to music, checking Facebook, or indulging in some good old-fashioned daydreaming. There are so many of them that they now have a unique name: “petextrians.” On the surface, this practice seems harmless enough, but when people…

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Valentine’s Day is just around the corner, and for the first time in years, you’ll be single. You try to tell yourself that it doesn’t matter, that the entire day is just an overblown social ritual, yet you suspect that you will be either buying a ticket for the Anti-Valentine’s Party in Brooklyn or avoiding…

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You filed for bankruptcy in New York, and now you’ve heard that an aunt has made you one of the beneficiaries of her sizable estate. You haven’t received your discharge yet, so how much of that money will you be allowed to keep? It’s a question anyone would ask when they receive an inheritance in…

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The collateral source rule is a legal principle that prevents someone from recovering compensation twice for the same damages. In other words, the goal is to stop someone from “double dipping” at a defendant’s expense. Let’s look at a hypothetical example. You were rear-ended while driving home on the Cross Bronx Expressway and hurt your…

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The month of January can be a difficult time for financially for anyone. They may have acquired even more debt due to holiday spending and are reaching the point where they have to choose between paying the rent and paying their credit card bill. People stuck in this situation may benefit from Chapter 7 bankruptcy.…

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When you see a huge icicle hanging off the edge of a tall, stately building, you can’t help but be awed. There’s a certain frozen majesty about them, and some icicles look like they belong on a snow-themed movie set instead of Lower Manhattan or the Bronx. Unfortunately, large icicles can be just as deadly…

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Although New York still recognizes fault-based divorces, it differs from states like Georgia, Mississippi, and Texas in that incurable mental illness is not one of the accepted grounds. When one spouse’s mental health condition causes them to behave erratically and aggressively toward their family, the other spouse typically cites extreme cruelty, which is grounds for…

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Last November, a 50-year-old woman from Spring Valley died when her husband’s car struck a deer on the Palisades Interstate Parkway. The vehicle swerved onto the grass median and into the woods, where it overturned and hit several trees. If you’ve done a lot of driving outside the city, then you’ve probably seen deer and…

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A recent report by the Federal Reserve Bank of New York indicates that the third quarter of 2018 saw increases in practically all types of borrowing, making it the 17th consecutive quarter that America’s debt load has increased. Household debt rose yet again to $13.51 trillion, most of which was mortgage debt at $9.14 trillion.…

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Once your personal injury claim is settled and you get the settlement or award you’ve been waiting for, you will likely feel a sense of relief. The ordeal is over, you can finally move on. Or can you? Some personal injury awards are subject to liens, which are claims made by insurance providers, medical practitioners,…

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When you wake up in the morning and check your phone, sometimes you wish you hadn’t. Your ex is telling you that the kids “don’t seem happy” whenever he sees them. Your best friend posts pictures from your last girls’ night out all over Facebook, tagging you with captions like “Free at last!” You suspect…

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An injured child is a parent’s worst nightmare. Dog bites, playground injuries, defective car seats, and other accidents common among young people can all result in substantial medical costs in addition to pain and suffering and emotional trauma. To make things even more complicated, it can take years to determine whether a child’s injury has…

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The holiday season can be as stressful as it is magical. This reality can become even more difficult when you know that your debt load has become more than you can handle yet you still have holiday gifts to buy. Your son wants a new PlayStation and your teenage daughter insists that her social life…

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What did you do on New Year’s Eve? If you’re like a lot of New Yorkers, you may have caught Phish at Madison Square Garden, Post Malone at Barclays Center in Prospect Heights, or another one of the concerts taking place at various music venues across the city. When a popular band or artist puts…

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If you were separated or divorced in 2018, then there will be certain tax implications, the most basic of which is your filing status. If you are separated but have not received a final divorce or legal separation decree, then you are considered married for the entire year for tax purposes and must file as:…

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Partygoers across New York City rang in 2019 by riding in limos across the city, sipping champagne and enjoying the festive sights. With everyone in a celebratory mood, it’s easy to forget the recent limousine accident that killed 20 people in central New York. This crash, which took the lives of the stretch limousine driver,…

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Did your holiday shopping leave your family thrilled but saddle you with even more debt? If so, you may be thinking about including bankruptcy in your plans for the New Year. Whether that’s a good idea or not depends on how much you spent during the holidays, on what items, and related conditions. The tax…

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According to the American School Bus Council, nearly 25 million children take the bus to school every weekday. Each time a parent sends their children off to class, they trust that the trip to and from school take place without incident. Unfortunately, parents in Indiana, Florida, Mississippi, and Pennsylvania have suffered terrible losses in recent…

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One of the main reasons why New York parents hesitate to file for bankruptcy is concern over how the decision will affect their children. Even when their credit card bills are months in arrears and the bank is on the verge of foreclosing on the family home, they worry that their children’s property or 529…

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While some divorces are amicable and involve couples that are committing to treating each other fairly, others wouldn’t be out of place in an old Roman Coliseum. Both spouses are angry and determined to include a pound or two of flesh in the property distribution agreement. Venting is a common byproduct of this hostility. Although…

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If a doctor, nurse, or other medical professional are presumed to have made a mistake and accidentally harmed a patient they were trying to help, then the law allows the victim to sue for medical malpractice. This right to sue does not, however, apply in all circumstances. Like many states, New York has a Good…

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If you’re a newly divorced single parent, then the holidays can be more stressful than usual. You have to coordinate the holiday visitation schedule with your former spouse, plan your traditional Christmas dinner, and buy gifts for everyone. If the divorce left you with a lower household income than last year, then you might be…

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You were in a terrible collision involving a negligent driver who was seen talking on his phone just before he hit you head-on. You broke your arm and collarbone, leaving you in serious pain and preventing you from working at your data entry job. You want to sue the driver, but he was killed in…

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Many consumers have heard of the Fair Debt Collection Practices Act, which protected them from abusive, unfair, and unconscionable treatment by third-party debt collectors. What may not be as well-known is that individual states have their own debt collection laws, some of which extend greater protection to residents. The New York debt collection regulations were…

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In February 2016, strong gusts of wind caused a crane in Lower Manhattan to crash down onto Worth Street, killing one pedestrian and littering the surrounding blocks with debris. People on their way to work in the area fled in panic, thinking that a bomb had gone off. An investigation by the city’s Buildings Department…

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What’s worse than not having the kids for Christmas? Not having them AND being out of the state or even the country over the holidays. Thanks to an increasingly mobile workforce, this scenario will be a reality for many divorced parents this season. It’s not a happy prospect, but remember one thing: the technological advances…

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Every year in New York State, there are dozens, if not hundreds, of motor vehicle accidents caused by negligent driving practices in poor weather conditions. Collisions are not limited to snowstorms and freezing rain. Even summer has its share of heavy rainfalls that can turn streets and highways into high-risk thoroughfares. The most responsible drivers…

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At first, the thought of an adult suing a child seems ridiculous and even petty, but there are cases where it may be warranted, especially in personal injury law. Imagine you are walking through Central Park on a weekend afternoon, enjoying the fall weather. Suddenly a rock, thrown by a child who looks no older…

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Filing for Chapter 7 bankruptcy can provide you with relief from creditor collection actions, but it takes time. You have to complete and file a multi-page petition, attend the 341 meeting (Meeting of Creditors), and more. But what if you can’t wait that long? What if you’re facing a wage garnishment, repossession, foreclosure, or other…

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Anyone who lives in New York knows how expensive it can be. According to Rent Jungle, the average rent on a one-bedroom apartment is $2,979 a month, which is a 9% increase over last year. Everyday essentials also appear to cost more in the city than elsewhere. Therefore, it’s hardly surprising that so many New…

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The Truth in Lending Act, or TILA for short, was passed 50 years ago to ensure protection and transparency for consumers in their interactions with creditors and lenders. Today, it is part of the more encompassing Consumer Credit Protection Act, but its echoes can be felt in the measures taken to help consumers avoid a…

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All good parents want what is best for their children. This is a fact that rarely changes, even in emotionally difficult situations like divorce. This is why they often discuss college and vocational school costs years and factor them into the divorce agreement before their children have even started preschool. According to the State University…

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Thanksgiving is just around the corner. With our minds on roast turkey, cornbread, pumpkin pie, and a celebratory family dinner, it’s easy to forget that the Thanksgiving weekend is one of the most dangerous ones for motorists. There are also other risks associated with hot cooking appliances, improper food preparation, and more. Here are some…

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What was Thanksgiving like before the divorce? Was there a huge roast turkey on the table, finally ready for eating after tantalizing everyone with its aroma for hours? Were there last-minute rushes to the grocery store for extra cranberry sauce or whipped cream? Was it all topped by a feeling of togetherness as everyone gathered…

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You were rear-ended by another driver recently, leaving you with a dislocated shoulder and terrible back pain. Now, as you file an insurance claim, that driver’s insurer asks you if you suffer from any pre-existing conditions. You do—for years you have been suffering from disc degeneration problems. Although you cannot seek damages for an injury…

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All good parents have one thing in common: they love their children deeply. Therefore, one of the worst things a parent can experience in a contentious family law case is an accusation of child abuse. Imagine that you are going through a divorce from a vindictive spouse. They are accusing you of all kinds of…

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You’ve achieved your dream of self-employment. At first, you put in long days (and sometimes you still do) but now you’re starting to achieve that work-life balance that you’ve always craved. But when you were establishing your business, did you think about taking out workers’ compensation coverage on yourself?  In New York, there is no…

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When you’re burdened by debt and unable to make the minimum payments on your student loans and credit cards you’re probably going to hear from a credit collector or a third-party debt collector. Although dealing with both types can seem like the same frustrating experience to you, the truth is that the law has different…

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Your son has just turned 16 and is studying to get his driver’s license. He’s psyched. You’re not.  As a parent, it’s normal to worry about the safety of your teen driver. Current statistics are alarming. According to the New York Department of Health, motor vehicle accidents are a leading cause of death for teenagers in…

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You and your spouse had an amicable divorce, in which you agreed to joint legal custody of your young son, Brad. The schedule called for him to spend every other weekend with you.  For years, both you and your son looked forward to these weekend visits. When the weather was pleasant, you enjoyed outdoor activities…

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Gyms are great places to work out, lose excess weight, and in general keep ourselves in better physical shape. Unfortunately, with all of that heavy equipment being used and liquids being spilled constantly from dropped or overflowing water bottles, they are also the site of frequent injuries like: Sprains Pulled muscles Broken bones Brain and…

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When you accumulate a certain amount of tax debt, the IRS may file a lien against your property, including your home. These liens effectively encumber everything you own, such as your house, motor vehicle, bank account, and real estate, and everything that you acquire while the lien is still in effect. Once a tax lien…

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We live in a highly mobile society today, so it is not unusual for divorced parents to want to relocate to a different city, state, or country with their children for personal or work-related reasons. While some noncustodial parents view such a move as beneficial for the children and reluctantly give their blessing, others vehemently…

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Even before the Internet, a “fish story” was a common euphemism for a huge lie. Now, the tradition continues in the form of catfishing, which is arguably more malicious than the biggest fish tale. The anonymity of the Internet has allowed dishonest individuals to pretend to be someone else online in order to: Pursue a…

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If you’re filing for divorce and have a child with special needs, then it’s normal to be concerned about their future. Not only do they have unique medical and financial requirements, but they may also need to be supported after they become an adult. In New York, parents are typically required to support their children…

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Every year, couples throughout New York file for joint bankruptcy, but there’s a persistent presumption that these are heterosexual unions and that gay couples cannot legally file together. If they want relief from their debts, then they must file separately. It’s not true and hasn’t been since the New York State Legislature passed the Marriage…

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Personal fitness is a key goal for many New Yorkers these days, which is why stationary cycling classes are so popular. Also known as spinning classes, they are group workouts that strengthen the lower body and burn high amounts of calories. According to medical reports, they may also be increasing your risk of kidney damage. …

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New York City has a huge and convenient public transportation system that includes MTA buses running 24/7. Although bus travel is generally thought of as safe (otherwise we wouldn’t send our children to school on them), accidents do happen to passengers riding the bus. One common accident is unseated passengers falling while the bus is…

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Financial problems can leave you feeling depressed and alone, even when a difficult economy and job market have caused you to fall behind on your credit card bills, mortgage, and other debts. If you are considering bankruptcy, then do not be embarrassed. Some of the world’s most celebrated singers, movie stars, sports players, and other…

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You’ve been injured in a car accident and forced to spend time in the hospital. The doctors say that your fractured hip will require you to have months of physical therapy too. You’re grateful to be alive, but you’re also worried about how your medical bills will be covered. Who is going to pay for…

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When New York parents cannot agree on a custody arrangement and visitation schedule, the matter often has to be resolved in court. While this can happen when the parents are determined to use the children as pawns in a bid to hurt one another, it can also arise when one parent sincerely believes that the kids…

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Hollywood is currently abuzz about the lawsuit that former Alabama Senate candidate, Roy S. Moore, has just filed against British actor and comedian Sacha Baron Cohen. Mr. Moore is seeking over $95 million in damages for, among other things, defamation after he appeared on Cohen’s Showtime series, “Who Is America?” In the segment, Cohen took a device…

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If you are struggling financially, then you may fall behind in your rent payments. With New York rents being so high, it is not unusual for a distressed consumer to go into arrears simply to put food on the table. This means that you will eventually receive a notice of eviction from your landlord.  For many filers,…

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Few things are more distressing for a parent than struggling to support their child financially. Unfortunately, this is a reality for many divorced parents throughout New York State. A child support order was included in the terms of the divorce, but their former spouse is chronically late or even refuses to pay at all, saying…

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They’re not intimidating to look at, but personal injury attorneys, the media, and even the New York Times are all warning people about the hidden dangers of barbecue grill brushes. Although we’re already well into September, there appear to be a few potential outdoor grilling opportunities left, so it’s worth taking a closer look at…

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If you’ve decided to file for Chapter 7 bankruptcy, you’re probably worried about how your decision may affect your pension. Is it exempt? Or will it be ‘liquidated’ along with the rest of your nonexempt assets? In New York, the answer depends on what kind of pension you are receiving. While many types are 100%…

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It’s common knowledge that distracted driving can cause serious injury and death. What’s not as well known is that you can also be at risk on your way to the operating room—even if you’re not the one distracted by your phone. How many times have you walked into a store or restaurant and seen employees…

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September is a month of celebration across New York. It starts with the Labor Day weekend, when communities everywhere enjoy barbecues, festivals, and fireworks displays, and continues as tourists and vacationers head out to summer cottages near Lake George, Chautauqua Lake, Skaneateles Lake and other bodies of water for one last “hurrah” before closing for…

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We’re in the home stretch where August is concerned. For kids, this is a bittersweet month for two reasons: one actual and one potential. In the first case, they only have a few weeks of freedom left before heading back to school. In the second, they may also be coping with their parents filing for…

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Holidays are supposed to be fun and games, especially for the kids, but that’s not the way things always turn out. On the Labor Day weekend, in particular, there is ample opportunity for both adults and children to get hurt—from being scarred by an exploding firecracker to falling off a boat and struck by a…

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When shopping for a new vehicle in the summertime, many people look for cars that have a sunroof. The appeal is obvious, especially on warm and sunny days: an open rooftop keeps the vehicle fresh and ventilated, provides a source of natural light, and makes for a romantic drive under the stars. Unfortunately, there also…

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Pokémon Go is arguably the most popular mobile video game of all time. This smartphone game app enables players to hunt down and capture their favorite Pokemon character in the real world using the same technology that powers Google Maps. Although it has been hailed as a way of getting game-obsessed teens out of their…

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If a recent divorce has made you a single parent, then you may be tempted to give up your dream of home ownership. You’re living on one income instead of two, making it difficult if not impossible to make a significant down payment. Don’t give up just yet! There are several local and national home…

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You slipped and fell at your neighbor’s pool party, and now want to sue them. To your surprise, the first personal injury attorney you met with declined your case. Does this mean that you don’t have a case at all? Possibly, but not necessarily. Personal injury attorneys decline cases for any one of a number…

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At one time it was relatively common for people to file for bankruptcy without an attorney. They would get copies of the required forms, fill them out by hand, and file their own bankruptcy petitions at the clerk’s office. Afterward, they would appear on their own at the meeting of creditors and, if they were…

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Anyone can run into financial difficulties, and members of the U.S. armed forces are no exception. However, because they are tasked with the monumental responsibility of defending the nation, laws are in place to protect them during civil matters like lawsuits, foreclosure, and even bankruptcy.  The Servicemembers Civil Relief Act (SCRA) is a federal law that evolved from…

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Back in 2009, a marketing and consulting group commissioned a study on aggressive driving across the country. New York City took the top spot for reasons that the state would never acknowledge with pride: New Yorkers were more likely to lean on their horns, make obscene gestures, and wave their fists. Since then, the problem…

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There’s something about publicly announcing your divorce that makes everything seem so final. This is it. There’s no turning back. Before announcing such a life-changing event to friends and family, think about what you want to say. Even if the marriage didn’t end on the best of terms, then resist the urge to share the…

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When you’re injured by someone else’s wrongful or negligent actions, you will likely be stuck with medical bills, most of which will be covered by your health insurance. When you receive a settlement or judgment, however, a certain amount may be due back to your insurer under the Employee Retirement Income Security Act of 1974…

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After you’ve been discharged from bankruptcy in New York, you have the chance to start over. An important part of rebuilding is monitoring your credit report for accuracy and reporting any discrepancies immediately. Black marks on your file can result in denial of credit, higher interest rates, and even lost job opportunities. Unfortunately, credit report…

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You’re a young person who has always loved the sea, so when you got a summer job as a deckhand, it was a dream come true—until you were struck by a falling piece of poorly secured equipment. Thanks to a dislocated shoulder, you’re going to be unable to work for at least a month. In…

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Not long after you and your spouse separated, he was laid off from his job. Now that you’ve filed for divorce, he seems determined to remain unemployed, although he insists that he is actively looking for the “right” job. This scenario happens a lot. To reduce the amount of spousal or child support they might…

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