Coronavirus
How the CARES Act can affect your bankruptcy
Last March, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) was signed into law to mitigate the economic effect of COVID-19 on U.S. residents. It included temporary modifications of the U.S. Bankruptcy Code, which are summarized below. Some federal income is excluded from the “income” definition Traditionally, courts have looked at your disposable…
Read MoreNew York evictions and foreclosures during the pandemic
Thousands of New Yorkers have lost their jobs in the last several weeks because their employers ceased operations to control the spread of COVID-19. Those who rent their homes or have a mortgage are understandably worried. What happens if you can’t pay? On March 20, Governor Cuomo issued an executive order that prohibited enforcement of…
Read MoreEffective cohabitation during COVID-19
If you were preparing for divorce in early March, then the pandemic most definitely stalled your plans. When COVID-19 put New York on pause, everyone was ordered to shelter in place, and the court system was limited to non-urgent matters. If the lockdown took effect before you and your spouse had the chance to separate,…
Read MoreDos and don’ts for divorced couples with children during COVID-19
COVID-19 has presented practically all New York residents with economic and social challenges. Schools and nonessential businesses that cannot operate online remain closed, which means that divorced couples with children are facing parenting challenges that they could not have anticipated at the time of separation. Below is an overview of some general do’s and don’ts…
Read MoreCoronavirus relief for New York business owners
The coronavirus pandemic has had a serious impact on small businesses all over New York. Those in non-essential industries have had to transition their operations online or close down. Restaurants and other foodservice businesses have converted to take-out or delivery only, which may allow them to remain afloat but forces them to lay off a…
Read MoreCoronavirus financial relief in New York
With over 187,000 reported cases and more than 19,000 deaths, New York City continues to be an epicenter for the novel coronavirus pandemic. Social distancing remains in place, and non-essential businesses that can’t operate online remain closed. If you worked at one of these businesses, you’re probably worried about your financial situation. Below is an…
Read MoreWhen can you ask for spousal support in New York?
Although you won’t be able to actually file for divorce until the courts re-open, you know that your marriage is over, and it’s only a matter of time before everything that characterized your married life changes. This could include where you live and how much time you spend with the kids. It will definitely include…
Read MoreCan you seek workers’ compensation due to coronavirus?
On April 13, 2020, CNN reported that New York State had more coronavirus patients than any other country in the world (except for the U.S.). As of April 11, 2020, the total number of reported cases was 181,026, which surpassed the numbers reported in Spain (161,852) and Italy (152,271). Many New York employers who could…
Read MoreWhat does Governor Cuomo’s Executive Order relating to Disaster Emergency mean for New York State?
On March 7, 2020, the Governor of New York State declared a state of emergency due to COVID-19. Governor Cuomo has modified or suspended some laws if compliance with those laws would affect dealing with COVID-19. On April 16, 2020, Executive Order No. 202.18 was extended until May 16, 2020. The Executive Order applies to…
Read MoreWhat to do if you are stuck at home with your domestic abuser during the COVID-19 pandemic
COVID-19 has affected the United States greatly, and the State of New York has a stay at home order in place. Schools are physically closed and are operating electronically; thus, students are home. Also, many are working from home or are unemployed and are at home. While this might be a good thing to prevent…
Read MoreCan parents work together to facilitate visitation during COVID-19?
Parents who have separated face the challenge of protecting their child during COVID-19, while also trying to facilitate visitation. Custodial parents may have safety concerns about their child when they are with the other parent, or the non-custodial parent, especially if that parent is an essential worker and could be exposed to COVID-19. The issue…
Read MoreVideo: Personal bankruptcy and COVID-19
Suing for wrongful death due to COVID-19
On March 25, a 51-year-old man who worked at a suburban Chicago Walmart died from coronavirus. On April 6, his family filed a wrongful death lawsuit against the store, claiming that it had failed to warn the deceased and other employees that their co-workers had COVID-19 symptoms. (Incidentally, another employee died from coronavirus complications four…
Read MoreWhy should I have a power of attorney?
A power of attorney is a legal document that gives the person who you select the authority to act on your behalf. The person who is selected becomes the agent, and the person on whose behalf they are acting is called the principal. A person should have a power of attorney because it allows the…
Read MoreHow to get documents e-notarized
If during the COVID-19 pandemic, you need a notary, then the document will have to be E-notarized, meaning Electronically Notarized. There are a few steps that must be done before the document can be E-notarized. First, you need to find a notary who is able to set up a video conference and have electronic capabilities.…
Read MoreVideo: COVID-19 and visitation
New York State July 2020 Bar Exam Rescheduled
The New York State Bar Exam is only offered twice every year, in February and in July, on the last Tuesday and Wednesday of those months. The exam dates can be found on the New York State Board of Law Examiners website. This year the New York State Bar Exam was originally scheduled for July…
Read MoreWhat is the Paycheck Protection Program (PPP)?
The Paycheck Protection Program, or PPP, is a loan for businesses. The business can either be for profit or not for profit, and it has to meet the size requirements of the Small Business Administration. In order to qualify for the loan, the business must have been operational as of February 15, 2020, with no…
Read MoreWhy is Shake Shack returning the ten million dollars it received from the PPP?
Today many businesses are seeking financial assistance due to COVID-19, and as such, these businesses are applying for all the loans and grants that are available and those for which they qualify. Shake Shack is one business, which received ten million dollars from the Payroll Protection Program, or PPP. The PPP is a loan for…
Read MoreVideo: What is the PPP?
What is the Economic Injury Disaster Loan (EIDL)?
If a small business qualifies for an EIDL, then it can also qualify for an EIDL Grant of up to $10,000, which will be given as an advance on the loan. One must submit an application for the EIDL Loan, and the deadline to submit the application is December 31, 2020. You can get a…
Read MoreHow can I apply for the Small Business Grant offered by Facebook?
COVID-19 has impacted many businesses financially. Luckily, there are many programs out there that are helping businesses provided the business meets the requirements of the loan or grant it is applying for. One company that is offering a small business grant and credits for advertising is Facebook. Facebook is giving cash grants to 30,000 small…
Read MoreThe First Department Appellate Division will start to hear cases virtually
On April 18, 2020, the First Department Appellate Division indicated that it will hear cases virtually via Skype, unless there is a subsequent change, in a New York Law Journal article. It will commence “holding May and June special terms that will include oral arguments via Skype, and electronic calendaring of appeals and motions.” The…
Read MoreVideo: COVID-19 and child support
How does COVID-19 affect your child support order?
When New York on PAUSE took effect on March 22, it affected thousands of businesses and their employees. All companies offering non-essential services were subjected to a mandatory closure, and workers whose jobs could not be transitioned online were laid off indefinitely. Consequently, businesses like hairstyling salons, theaters, gyms, and clothing stores have been shuttered…
Read MoreWhat remedies are available if you are unable to pay child support?
If you are unable to pay child support, then you need to assess whether you can file a petition for the modification of the current child support order. Pursuant to NY Family Court Act 451 (3) “(a) The court may modify an order of child support . . . upon a showing of a substantial change…
Read MoreThe coronavirus pandemic and bankruptcy
Due to this unprecedented health crisis, many New Yorkers are struggling to take care of their families and make ends meet with a diminished income. Sometimes, the financial challenges are so great that you may be wondering whether bankruptcy can lighten the burden. While bankruptcy will make sense for many people, it doesn’t have to…
Read MoreWhen can I start a divorce action in New York?
A divorce can be a tough, emotional, and challenging process, especially when some of the factors involved are minor children, property, pensions, and businesses. It is important to speak with an attorney before starting a divorce action, so you are aware of your rights and what you are entitled to or possibly entitled to from…
Read MoreVideo: COVID-19 and accident cases
Video: COVID-19 and Family Court
Can a parent refuse visitation to the other parent?
If there is a final court order on visitation, then the non-custodial parent or the parent who is supposed to receive the visitation can go to the nearest police precinct to have the police facilitate the visitation as per the court order. If there is no order of protection or anything else preventing the non-custodial…
Read MoreWhat remedies are available if you have not received child support?
If the parties reached a voluntary agreement regarding child support payments where the payor pays a certain amount each week, bi-weekly, semi-monthly, or monthly and the payor failed to comply with the agreement, then the payee can file a child support petition seeking court-ordered child support. Additionally, the parent can request for the child support…
Read MoreVideo: Bankruptcy cases during COVID-19
Can you sue if you become infected with COVID-19?
The coronavirus, officially known as COVID-19, has affected thousands of people across the globe. Despite the social distancing and quarantine measures, the number of cases in New York continues to go up. On March 28, CNN reported that one-third of the country’s reported cases are in the state. Despite the seriousness of the situation, not…
Read MoreVideo: COVID-19 and child visitation
Video: Our office is operating remotely during COVID-19
Can the coronavirus affect your personal injury claim?
If you have a personal injury case in progress, you may be wondering how the COVID-19 pandemic may affect your case. Will it drag on for additional weeks or even months? Could it be put on hold indefinitely? While an indefinite holding pattern is unlikely, increased demand for medical services and amended operating hours for…
Read MoreCan you still file for bankruptcy during the COVID-19 pandemic?
If you were thinking about filing for bankruptcy before the coronavirus pandemic took hold or have a case in progress, then you might be wondering how the social distancing and quarantine protocols currently in place will affect the outcome. Can you still file? Is your case on hold indefinitely? What is going on? Are the…
Read MoreDivorce rate goes up during COVID-19 pandemic
The quarantine imposed by the COVID-19 pandemic appears to have had a detrimental impact on already troubled marriages. Divorce rates are going up, which shows that couples who previously enjoyed ample time apart have not reacted well to long hours under the same roof. In Xi’an, China, divorce requests multiplied so fast that appointment slots…
Read MoreParenting time concerns due to COVID-19 outbreak
When the court orders a custody and parenting time schedule, it typically meets the needs of everyone’s present circumstances. But what if an emergency–in this case, the COVID-19 pandemic–makes that arrangement unsustainable? What if you feel that it’s not safe for the kids to travel to visit their other parent? Although everyone’s situation is unique…
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