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Rockland County Bankruptcy LawyerIn May, New York lawmakers extended the state's COVID eviction moratorium through the end of August. The moratorium put a temporary stop on evictions for renters who could prove that the financial difficulties they were having were due to the pandemic. But August 31 is just over a month away and it is unlikely it will be extended again, given the national moratorium on evictions expired June 30. This will leave many renters with the real threat of being evicted. One option they may have, however, is filing for bankruptcy, which can put a stop on any eviction action their landlord can take.

Bankruptcy and Eviction

When a person files for bankruptcy, an automatic stay is placed on any debt collection action creditors can take against them. This also includes the person’s landlord. However, it is important to realize that the filing and automatic stay must be done before the landlord begins any eviction proceedings. An automatic stay will not stop an eviction if the landlord has already obtained a judgment of possession against you before you filed for bankruptcy.

However, if your landlord has not started an eviction action against you – and with the moratorium still in place, that is the likely scenario – and you file for bankruptcy prior to August 31, the automatic stay will prevent your landlord from giving you the notice to quit. Your bankruptcy filing and automatic stay also prevents the landlord from trying to collect the past due rent because that is a debt that is now included in your bankruptcy filing.

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hudson valley divorce lawyerA new “cooling off” law passed in China has resulted in a more than 70 percent drop in the country’s divorce rate. The new law went into effect January 1 and requires couples who file for divorce to wait 30 days after they submit their application before that application proceeds. During that waiting period, either spouse can withdraw the application, which then requires the couple to reapply once again after the 30 days is up. According to recently released data, only 296,000 divorce applications were received in the first quarter of this year, compared to more than one million applications filed in the final quarter of 2020.

If you are considering filing for divorce in New York, you may be wondering what type of waiting period you may be facing and what other requirements the state has. The following is a brief overview. To learn more information about your specific situation, a Rockland County divorce attorney from our office can help.

Residency Requirements for Filing a New York Divorce

In order to file for a divorce in the state of New York, there are certain residency requirements that a couple must meet. One or more of the following must apply:

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hudson valley bankruptcy lawyerAs we discussed in our last post, one of the things you will need to prepare for when filing for bankruptcy is the impact on your credit report. Your credit not only affects your ability to qualify for new loans, it can also be a factor that landlords consider when you apply to rent an apartment, condo, or house. As such, you may be concerned about your ability to find housing after bankruptcy. Thankfully, however, there are things you can do to improve your chances of being approved for a lease.

Staying in Your Current Rental

If you were already renting at the time you filed for bankruptcy, you may be able to continue living in the same property. As long as you are making rent payments on time and following the other terms of your lease, your landlord is unlikely to evict you. The financial relief you obtain through bankruptcy often frees up funds that you can use for rent. When your current lease ends, your landlord may be willing to renew your lease based on your history as a reliable tenant.

Finding a New Rental

Applying for a lease at a new property can be more complicated after bankruptcy. You will not have a prior renting relationship with the landlord, and the fact that you have recently filed for bankruptcy will be immediately clear when the landlord runs a credit check during the application process. However, your credit is just one piece of information that the landlord will consider. You may be able to mitigate or offset the effects of your bankruptcy by providing other information with your application.

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