Archive for the ‘Consumer Advocacy’ Category

For people considering Debt Settlement in New York City read this first

Thursday, July 8th, 2010

Every single person in New York who is considering Debt Settlement, Debt Consolidation, or Credit Counseling,  which I personally view as a scam, should take a look at this link.  Its absolutely eye opening.

http://www.msnbc.msn.com/id/38130515/ns/business-consumer_news/

Let me know your thoughts guys.  Always eager to hear

Staten Island Bankruptcy Attorney Daniel Gershburg gives provides reason Debt Settlement in New York City doesn’t work

Wednesday, April 14th, 2010

Ive discussed this time and time again with clients, but here is another reason I believe debt settlement in New York does not work as an effective method to erase debt:  Taxes!  You heard me, Uncle Sam.  You see if you had a credit card debt of $10,000 and you filed for Bankruptcy in New York City, you wouldn’t be responsible for a penny of that debt tax wise.  Thats because, by law, that debt is forgiven.  But lets say you were to settle that debt with a debt settlement company or even on your own.  Lets take the $10,000 example.  If you settle the $10,000 debt for a paltry sum of $5,000, with, lets say American Express, you feel like a champ.  You just saved 5k AND you didn’t have to file Bankruptcy in New York.  Problem is, you likely didn’t save 5k.  You see that 5k that you saved is treated as ordinary income for tax purposes.  What that means is that the creditor will very likely hit you (like my legal-ese?) with a 1099 and you’ll have a nice tax debt to pay, which, mind you, is not dischargeable in a Bankruptcy if its less than 3 years old.  So the lesson here, if any of you are still awake following my tax talk, is that before you think that debt settlement might be a better option that a simple Bankruptcy filing in New York, think again about the financial pros and cons of both.

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Queens Bankruptcy attorney Daniel Gershburg constantly hears “I did not get served by Mel Harris and they’re suing me”

Friday, April 9th, 2010

Lets put it this way, I am not singling out Mel Harris.  I hear about not getting served from firms such as Rubin & Rothman, Cohen and Slamowitz, Pressler and Pressler, and many other debt collection firms in New York.

So you didnt get served but they’re suing you…now what?

Well, this Queens Bankruptcy Attorney would tell you NEVER to call them and leave it at that.  You think a phone call is proof of anything but you having a phone?  Its not.  And don’t send in random letter either (notarized doesnt it make it the end all be all either).  If you’re getting sued by any of these debt collection firms and you don’t think you were ever served with papers then it’s your job to go into court and “answer” the complaint against you, or hire a lawyer (hi!) to do that for you.  New York law has explicit requirements as to how you can be served in these actions.  Believe me, you’re not alone in thinking this suit came out of nowhere.  Thousands upon thousands of people across Queens, and all of New York say that they were never served with any papers but now there are judgments against them.  If they can’t prove they served you, they would have to restart the case all over again, or, in some instances, they could have the suits completely dismissed altogether.

So the lesson of the day is not simply to fight back against these firms by sending certified mailings, but its instead to have proper representation in court and make them prove their case before they start freezing your bank accounts and taking your salary and having it be a complete surprise to you.  The worst thing you can do is nothing at all.

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