• Bankruptcy Solutions
• Foreclosure Solutions
• Modification & Negotiation
• Credit Card Debt Relief

• Frequently Asked Questions
• How FAQ’s Compare to Other Sections of the Website that Present Content
• Bankruptcy FAQ’s
• Foreclosure FAQ’s
• Modification FAQ’s
• Negotiations FAQ’s
• Litigation FAQ’s
• Landlord Tenant FAQ’s

Frequently Asked Questions

Most of our clients and potential clients have many questions about their situations. It is our goal to provide them with answers. 

In this section we do things differently. Rather than organize content according to subtopics within an area that we present in a thematically organized manner, as we have done throughout this site, in this section we put ourselves in the shoes of most of our clients. We ask questions that go into the concerns of most of our clients and we go back to the many times our clients have raised these questions….hence the name….”Frequently Asked Questions” (……or FAQ’s). We do arrange these FAQ’s across six (6) subject areas: 1) Bankruptcy Law; 2) Foreclosure Defense; 3) Mortgage Modification; 4) Debt Negotiations; 5) Debtor Litigation Defense; 6) Landlord-Tenant Law. The answers to the FAQ’s (and the questions) are prepared by Ronald D. Weiss with the help of the experienced attorneys and staff working in our office. Our information is geared towards individuals and businesses in the State of New York, specifically on Long Island (Nassau and Suffolk Counties) as well as New York City (the boroughs of Queens, Brooklyn, Manhattan, Bronx and Staten Island), as well as Westchester County.

Main Sections of the Website

Quick Links Portion of the Website

FAQ’s Portion of the Website

How FAQ’s Compare to Other Sections of the Website that Present Content

Other portions of our website take on the same subject areas from a different perspective as follows:

1) Main Sections of the Website  – This is the most thorough and comprehensive approach to the contents of the website, where we go into specifics about every legal concept/area and subdivide it into sections, subsections, topics and subtopics which branch into greater detail.  The key sections that appear on the Services Section of the website, and all have their own brown buttons. Usually there are several pages for subsections and each is divided by topics and subtopics. For example the main Bankruptcy Section, is divided between Bankruptcy in General, Chapter 7, Chapter 11, Chapter 13, Subchapter V, Adversary Proceedings, Contested Proceedings, and Bankruptcy Appeals; each one of these is also further divided into subsections, topics and subtopics.

2) Quick Links Portion of the Website – This has an intermediate approach to each topic, in terms of specificity and amount of content. In this section we divided the topics into the questions that people may ask, but these questions are from the perspective of a single area of law and the answers still have some detail. However, in the Quick Links portion of the website we approach issues more topically (as per the Main Section) as opposed to approaching them thematically (like the the FAQs Section). For example the Bankruptcy Quick Links area asks some basic questions like: What are the benefits of bankruptcy? What are the alternatives to bankruptcy? Are there different types of bankruptcy? What is Chapter 7? What is Chapter 13?

3) FAQ’s Portion of the Website – This is the least specific and least thorough approach to each topic. Because we totally rely on the hypothetical non-attorney voice to structure our questions, the issues are dealt with more thematically and are not as well organized by subject matter within each subject area. For example in the bankruptcy area, questions asked without being specific to which chapter of the bankruptcy code or any great detail, are very general questions. A question like that in the Bankruptcy FAQ’s was “Should I File a Bankruptcy Case?” This does not specify a Chapter of the Bankruptcy Code or specific facts like: debt or income levels or how much in assets the debtor has. It answers this question bereft  of the usual questions that guide us to decide if to file. Instead, we ask and answer the question in a very general sense. 

FAQ’s Sections for Each of Our Areas Law for Our Debt Solutions Practice

Bankruptcy FAQ’s

Frequently Asked Questions Regarding Bankruptcy are asked from the potential client’s perspective and are the kinds of questions we are asked by clients at consultations. These questions typically blur overly specific concerns by not concentrating on specific bankruptcy chapters. Instead the subsection looks at bankruptcy in general and compares it to other options. This sections tells you what you can do without being overly technical about specific laws. For example the question “When Should I File a Bankruptcy Case?” is general but commonly asked by clients. When it is we need to analyze their financial situation and keep in mind that the client is really asking a multitude of questions within that question including the following:

1. A Bankruptcy Solution? – Is My Personal and/or Business Financial Situation in Need of a Bankruptcy Solution?  This question requires an analysis of the client’s personal and/or business financial situation to see if Chapter 7, Chapter 13, Subchapter V and/or Chapter 11 bankruptcies may be options and how they may be helpful.
2. Other Debt Solutions? – Or if there is a Need for Legal Services are there Other Debt Solutions that I Should Consider? This question requires us to take the information given to us in Question #1 and the analysis done and compare the bankruptcy options available for the client with other options, namely negotiation, modification, and/or litigation options.
3. Which Bankruptcy Solution? How/When to Implement? – If I do Need to Look at Bankruptcy Solutions Which Bankruptcy Solutions Should I Consider and How and When Should I Implement Them? Here we get more specific and choose a bankruptcy chapter that provides the most apparent benefit and the least disadvantages and discuss the specifics and details of implementation from needed information, documents, timing etc.
4. Timing? – On the Other Hand What are the Pro’s and Con’s of Waiting or Not Acting at Present? Despite the detailed plans to file a case should the client pull the trigger now or wait? Many times there is a rush situations that dictates timing. But sometimes we need to prepare the case better in order to qualify for a chapter and either raise or lower income and/or other preparatory measures needed to file like spending down an account or selling a vulnerable asset prior to filing.
5. Back Up Plans? – Also Should Other Legal Services Be Considered in Conjunction or as a Supplement to the Bankruptcy Option? Here, once bankruptcy has been decided upon the question is whether other areas should also be considered for matters that the bankruptcy may not necessarily address or as a backup plan if there are potential problems with the bankruptcy case.
6. Costs vs. Benefits? – What are the Comparative Legal Costs and Costs to My Credit for the Different Legal Options and Is the Benefit I Will Get Justify those Costs? At the end the client needs to know the relative benefits and costs for all the legal options discussed so that they can decide what to do.

Foreclosure FAQ’s

Frequently Asked Questions Regarding Foreclosures are again asked from the client’s perspective and they are the questions we often times answer at consultations with clients. The options asked about here are also general but deal with foreclosure options of all sorts including foreclosure litigation defense, bankruptcy options and/or negotiation options. As the foreclosure action matures it makes sense to have an approach that blurs the different options and areas of law that deal with and help to resolve foreclosures and to ask questions as to what to do from the potential client’s perspective. At the end the client wants to know what will save their home from being lost to themselves and their family. They need to comparatively evaluate their options. Each situation is different. As with the above question on bankruptcy a typical client will want to know “What will stop or help resolve the foreclosure proceeding against my home?” As with the bankruptcy evaluation, we need to assess what options are appropriate by asking the following questions:

1. How Many Payments Has the Client Missed and has a Foreclosure Litigation Actually Start? Did the Foreclosure Litigation actually start or did the client just get warning letters and notices (the Default Notice and the 90 Day Notice)? If the client only received warning letters and notices then Foreclosure Defense is premature since there is no litigation to defend. Instead the client should consider mortgage modification as discussed in the next section of FAQ’s.
2. Procedural Posture of the Foreclosure Litigation? – If the Foreclosure Litigation has started, how far along is the Foreclosure Proceeding? Is it in the beginning, middle  or at the end? Is it at a stage where there is anything pending or is the case in a temporary lull and there is no pending litigation and scheduled settlement or status conferences? 
3. Is There Anything Pending Requiring Representation? Is the Foreclosure Litigation at a stage where there is a Summons and Complaint or a pending motion (usually either a Motion for Summary Judgment (“MSJ”) or Motion for a Judgment of Foreclosure and Sale (“MforJFS)) which was just served on the client and needs an Answer or Opposition? Is there a pending hearing, such as a settlement conference, a status conference or other matter scheduled? Assuming that there may be a pending matter, it will need representation and/or legal documents.Did the Client Defend the Foreclosure Litigation in the Past or have they been in Default All Along? Can we Vacate the Default? 
4.  

Modification FAQ’s

Frequently Asked Questions Regarding Mortgage Loan Modification are like the rest of the FAQ’s asked in the manner of a typical client.

1. Amount of Arrears Compared to Client’s Income and Financial Resources?  These questions will tell us if the client is in a position to reinstate the mortgage by curing the arrears, modify the mortgage by resuming payments on a modified mortgage loan with different terms and an increased principal balance that absorbs the arrears and/or seek other methods of resolution on the amount owed to the lender. 

Negotiations FAQ’s

Frequently Asked Questions Regarding Debt Negotiations & Settlements; please click above.

Litigation FAQ’s

Frequently Asked Questions Regarding Debtor Litigation Defense ; please click above.

Landlord Tenant FAQ’s

Frequently Asked Questions Regarding Debtor Litigation Defense ; please click above.

To obtain answers to frequently asked questions the Law Office of Ronald D. Weiss, P.C. has prepared this section, as to Frequently Asked Questions, see above, which is divided by our main ares which are: bankruptcy, foreclosures and modifications.  Our information is given by experienced attorneys and is specifically geared to potential clients who reside in Suffolk and Nassau Counties, Long Island, New York. Also, many questions are answered in the Quick Links portion of this website; Quick Links are on the right margin of every page. However, our lawyers are always available to answer your questions on the phone, by email and/or at an office consultation. The consultations are always free, but the advice may be invaluable.
Please call us at (631) 271-3737, or e-mail us at weiss@ny-bankruptcy.com for a free consultation to discuss your questions as to bankruptcy, foreclosure and/or modifications in greater detail.