Daniel Gershburg

By: Daniel Gershburg, Esq.

My previous post “If you are a Landlord in Brooklyn…” received good feedback from numerous people, so I think I will make this a regular post focused on practical advice for both Landlords and Tenants in New York (also New Jersey).  Todays bit of practical advice is the following:  If you receive a  notice from the court, NO MATTER WHAT THE LANDLORD TELLS YOU APPEAR IN COURT.  My office is beginning to see more and more cases where a commercial tenant (and sometimes residential) will receive a Notice of Petition from the Court, giving a particular court date on which to appear, and nevertheless do not appear because their landlord specifically told them not to.  What the landlord usually says is that the Notice is a formality.  Starting a lawsuit to evict a tenant and receive money damages is anything but a formality.  It is a serious serious serious action which should be dealt with by appearing in court.  If a landlord tells you that  the Petition is simply a formality, ask the Landlord to immediately send you proof of discontinuance.  She/He wont.  They wont because they’ve gone to the trouble and the expense of hiring an attorney to attempt to evict you.  We have had several cases where we were able to help this exact type of client, however, it is incredibly arduous to do in many cases.  After the court enters a default judgment for your non-appearance, your options become much more limited.To re-iterate, if you receive (and are served with) court papers, the first thing you should do is to seek the advice of an attorney who you trust, and in the alternative to make sure you show up to Court on the date on the notice.  Again, the point is to protect yourself.  You’re landlords promises are all well and  good, but make sure you take care of your interests before you are put in a much more dire position.

Daniel Gershburg Esq., is a Bankruptcy & Real Estate attorney serving a diverse clients in Brooklyn, Queens, Manhattan, Staten Island, Long Island and Westchester.  Mr. Gershburg has given lectures and presentations to both attorneys and the community at large surrounding Bankruptcy and financial advocacy in the New York City area.  Currently he is working on his first book giving practical advice about repairing troubled credit and how to improve credit post Bankruptcy

By: Daniel Gershburg, Esq.

Very interesting link ( and show) evidencing how many of the elderly are taken advantage of by financial scams.  Lawyers should be more and more engaged in the financial decisions of our clients to make sure we safeguard them against scams like these.http://www.msnbc.msn.com/id/24095230/ 

Daniel Gershburg Esq., is a Bankruptcy & Real Estate attorney serving a diverse clients in Brooklyn, Queens, Manhattan, Staten Island, Long Island and Westchester.  Mr. Gershburg has given lectures and presentations to both attorneys and the community at large surrounding Bankruptcy and financial advocacy in the New York City area.  Currently he is working on his first book giving practical advice about repairing troubled credit and how to improve credit post Bankruptcy

To me, filing your bankruptcy in New York without the help of an experienced attorney is much like sensing your car brakes seem a bit off and fixing them yourself…on the side of the freeway…with no tools…at night…drunk.   In others words, its ridiculous.  And I’m not just saying this because I am a Bankruptcy attorney and lecture on Bankruptcy law(shameless plug…www.lawline.com).  I am saying this because not heeding this advice can lead to disastrous consequences.  I have recently had a few clients who have come to me after filing their bankruptcies with the “local guy who does bankruptcies.”  A rather new phenomenon, the “local guy” is never an attorney and typically he is referred by other poor souls who he has tricked into paying absurd sums of money with horrific results.  The “local guy” does not know how much equity in your vehicle you can exempt, whether the Trustee will likely take your house, the relevant Median Income Test limitations, etc.  He knows absolutely nothing about Bankruptcy…no matter what they say.  He will also usually give you a speech about how an attorney does very little in a Bankruptcy case. Oh and they also tend to charge as much if not MORE than an attorney.  I am going to repeat that.  The local guy, and there are more and more out there, charges MORE than an attorney would to file your bankruptcy.  He makes promises that your case will have no problems and that it will be sped up.   The problem with this: The Trustee at these meetings is an attorney himself and knows exactly what to look for.  They know exactly when someone has tried to cut corners by going to a “We The People” or to their “Local Guy.”   The lesson here:  Go see an attorney.  A good attorney will be able to sit down with you and ask a series of questions to first determine if Bankruptcy is the right avenue to take.  He’ll then discuss credit ramifications, equity issues with your houses and cars, what can and cannot be taken by a trustee, etc.  If Bankruptcy really is the only means available to you, then you want to make sure you do it properly and you feel confident that everything that was submitted conforms to the law.  Take my advice…never ever ever deal with someone who is not an attorney and who promises you the moon (and also attorneys who promise you the moon…don’t deal with them either.)  Seek legal advice, the first consultation is usually free in many established firms.