Rha Kim Grossman & McIlwain, LLP
Attorneys at Law
AdobeStock_353596697.jpg

Bankruptcy Law

New York permits divorce on either a basis of “fault,” or “no-fault.”  Fault-based divorce cases allege cruel and inhuman treatment, abandonment for over one year, imprisonment for more than three years, or adultery.  No-fault divorce can be based on irretrievable breakdown of the marriage lasting over six months, or a separation. 

Custody. When a marriage breaks down, the care and custody of the children is typically the most important aspect of the divorce or separation.  Children need safety, stability, and nurturing, and ensuring that their needs are met is a vital part of any family law case

New  York law provides for two different types of support payments in family law cases.  Spousal maintenance is paid to a spouse to help ensure that their standard of living is preserved after a divorce, particularly when that spouse has a lower earning potential as the result of the dissolved marriage.  Child support is permitted to ensure that the expenses attendant to the raising of children are available to the custodial spouse, so that the children do not suffer as the result of having unmarried parents. 

A prenuptial agreement, literally an agreement “before marriage,” is a contract signed by both future spouses spelling out their respective rights to each other’s property.  The focus of a prenuptial agreement is usually what will happen in the event of a divorce.  The most common use of a prenuptial agreement is in cases where one or both spouses have high net worth, or children from a prior marriage, and it is used to give them peace of mind and set their expectations appropriately in case the marriage does not last. 

Child abuse investigations are started by New York’s Child Protective Services when they receive a complaint.  The complaint can be issued by anyone suspecting abuse, and certain professionals, including doctors, school officials, and social workers, are required to make a report if they suspect child abuse.  There are harsh penalties for making false reports.

 

Bankruptcy Law

For most of us, debt is an ordinary part of our lives.  This debt can take many forms: student loans, mortgages, car loans, credit cards.  The vast majority of people pay their lawful debts when they can, but sometimes, due to no fault of our own, we are unable to pay.  Bankruptcy law and debt negotiations are ways we can deal with debts when circumstances have left us unable to pay our bills.  

A.     Chapter 7 Bankruptcy

When most people talk about “declaring bankruptcy,” what theymean is filing for protection under Chapter 7 of the Bankruptcy Code.  This is a legal option that allows us to explain our situation, list our debts, and have some or all of those debts wiped out.  

In the majority of cases, people who file for bankruptcy do not lose any assets.  They almost never have to meet with a judge or appear in court.  Often, a single meeting with a trustee is the only “official” step in the process, aside from several meetings with an attorney to prepare the case.  

Having a good attorney is absolutely crucial in bankruptcy.  The stakes are very high.  Making mistakes on a bankruptcy petition can lead to losing assets, having your debts declared non-dischargeable, or even having the trustee go after your friends and family to take back any money or assets you have given to them.  

For most people, however, the hardest part is making the decision to file.  A good attorney will make the process seamless and keep you fully informed.  Our attorneys have filed nearly five hundred bankruptcy petitions on behalf of those in debt, and can guide you towards a fresh start.                   

B.     Debt negotiation

In some cases, a person with otherwise stable finances has a single debt or occurrence that is threatening their livelihood.  This can be the result of a business failure, an eviction, an unexpected interest rate hike, or a lawsuit.  

In those cases, bankruptcy may be too broad of a solution to what is a much smaller problem.  Often, negotiations between the creditor and your attorney can result in a sharp reduction in what you owe, more time to pay off the debt, or a combination of these options.  In fact, the very fact that you have hired an attorney gives you leverage, as the creditor knows that if they push too hard, you may file for bankruptcy protection, and they may get nothing.  

Our attorneys have extensive experience negotiating on behalf of people who owe money, but are not in a position to pay.  We take the time to listen to your concerns and ensure that any resolution is something that works for you.  Effective debt negotiations can help you avoid bankruptcy, keep your business or home, and move forward with your life.