When you're filing for bankruptcy, it is critical to understand your legal rights. Bankruptcy laws protect consumers from financial difficulties and the potential to be abused by outstanding creditors. By allowing consumers to have their qualifying debts eliminated, bankruptcy offers all Americans a second chance at controlling their debt.

As an experienced Long Island/ Suffolk County Bankruptcy Lawyer, I recognize that financial hardships can happen to anyone, and consumers who fall into this category sometimes do not have the ability to comply with creditors’ repayment demands.

I have successfully filed many Chapter 7 and Chapter 13 Bankruptcy petitions over the past 15 years and have represented numerous debtors in contested adversary proceedings. I prepare my clients very thoroughly so that the proceedings go smoothly. My mission is to provide quality work, personal attention to clients' needs, and to give straight answers to clients' questions. I understand the stress and inconvenience that overwhelming debt imposes, and I work hard to provide fast and effective debt relief solutions.

Although my Firm is based in Hicksville, New York, I represent clients throughout Queens, Brooklyn, Nassau, and Suffolk counties, including the communities of Hicksville, Long Island, Westbury, Hempstead, and Levittown. I provide legal advice to individuals with consumer and commercial bankruptcies, real estate law matters, and foreclosure defense.

I provide the personal legal representation that you deserve. You will work closely with me throughout your entire case. I handle every aspect of your case myself, unlike larger firms who employ paralegals to handle the details. I work on your case from beginning to end. I am a hands-on attorney that keeps you well-informed of the proceedings of your case.

I fight hard to remove the burden of your debts from your shoulders. My Firm has an outstanding reputation with the judges and trustees of Brooklyn, Queens, Nassau and Suffolk counties. As a respected Long Island/ Suffolk County Bankruptcy Lawyer, I will help you to determine the best course of action possible in the following areas:

• Consumer Bankruptcy   
  
• New Bankruptcy Laws
• Chapter 7 Bankruptcy
• Chapter 13 Bankruptcy
• Chapter 11 Bankruptcy
• Reorganization
• Workouts
  
• Foreclosure Relief
• Repossession Avoidance
• Debt Consolidation
• Petitions
• Motions for Relief from Stay
• Objections to Discharge
• Adversary Complaints

Consumer Bankruptcy:
Consumer or personal bankruptcy involves Chapter 7 and 13 bankruptcies. A Chapter 7 bankruptcy is a liquidation of debt, which can include credit cards and medical bills. A Chapter 13 bankruptcy is a court ordered repayment plan. Each bankruptcy case is unique and my Firm will assist you in evaluating your case and advising you on how to proceed.

Commercial Bankruptcy:
A commercial or business bankruptcy involves Chapter 11 and 7 bankruptcies. A commercial Chapter 7 bankruptcy is handled the same way a consumer Chapter 7 is handled. It is a liquidation of the business. A Chapter 11 bankruptcy is classified as reorganization. It allows companies to reorganize and pay their debts over time, while remaining open for business.

Real Estate Law:
My Firm represents clients with the purchase and sale of residential and commercial properties. I will guide you through the entire process and insure that all documents are properly prepared and filed.

Foreclosure Defense:
If your home mortgage is in default or if it is in foreclosure, I can help you by stopping the foreclosure from continuing. My Firm reviews your payment history to see when and if payments were applied. I will help set up a forbearance plan, which is a short-term payment plan. Each case is different and a forbearance plan may not be the right route for you to take. My Firm has the experience to properly advise you on the correct direction to go.

Commitment to the Community:
My Firm is a community-oriented law firm. I coach little league baseball and two youth soccer teams. I have coached these teams for the past six years and I look forward to continuing to coach. My dedication to the community does not end at five o’clock.

I was a teacher for the Coalition for Consumer Debt Education, which was a free course to educate individuals on financial management. I have published an article in the Nassau County Bar Association newsletter. My Firm has received a Certificate of Appreciation from the Chief Judge of the Bankruptcy Court in the Eastern District of New York for the quality service that I provide. I was named the attorney of the month for Nassau County in June of 2004. My Firm is dedicated to providing the highest quality legal representation.

I provide my clients reasonable fees, a free initial consultation, and a flexible schedule. My office is open late for your convenience and evening appointments are available. Contact me today to speak with a lawyer that understands the New York bankruptcy laws.

If you or someone you know needs the assistance of an experienced Long Island Bankruptcy Lawyer, in Suffolk or Nassau County, call Attorney Scott R. Schneider today at 866-682-1512, or complete the contact form provided on this site to schedule your free consultation.

Practice Areas and Legal Definitions

Every year, more than 1,000,000 Americans file for protection under Federal bankruptcy laws. Although some bankruptcy claimants are deemed as credit abusers and/or considered financially irresponsible, many hardworking individuals and businesses can succumb to financial difficulty, and face irreparable economic crisis. Bankruptcy is designed as a legal option to help resolve such a crisis, and act as a financial life preserver for those drowning in debt. To discuss your bankruptcy options, or other areas of recourse that might be available to you, contact a qualified bankruptcy attorney who can advise you of your legal rights as stated under Bankruptcy Law and federal Bankruptcy courts.

New Bankruptcy Laws:
Bankruptcy is a federal court process designed to help individuals and businesses eliminate their debts or repay them under the protection of the bankruptcy court. Bankruptcies can generally be described as liquidation or reorganization. Under a liquidation bankruptcy (Chapter 7), a claimant files to eliminate debt through the bankruptcy court. Under a reorganization bankruptcy (Chapter 13), a claimant files a plan with the bankruptcy court proposing how to repay creditors.

As of October 17, 2005, the requirements under which a debtor may file Chapter 7 bankruptcy changed with the passage of the Bankruptcy Abuse Prevention and Consumer Protection Act.  Debtors are now required to seek budget and credit counseling within six months of filing, financial “testing” is required to determine the debtor’s capacity for debt repayment, Chapter 7 cannot be filed if the household income is greater than the median household income as deemed by the state, and state exemptions cannot be applied unless the debtor has resided at current residence for over two years.

Due to the imposed requirements for Chapter 7 bankruptcy as set forth by the new laws, debtors who were eligible to file under Chapter 7 will now have to file under Chapter 13 bankruptcy instead, in which individuals and creditors agree to a court-imposed plan that requires some or all debts be repaid over five years, with an appointed trustee assigned to monitor the repayment process. Bankruptcy filings will continue to be recorded on an individual’s credit report for seven years in the case of Chapter 13, and up to ten years for Chapter 7.

Chapter 7:
Chapter 7 cases are commonly referred to as straight bankruptcy or liquidation cases, and may be filed by an individual, corporation, or a partnership. A Chapter 7 bankruptcy case does not involve the filing of a plan of repayment as in Chapter 13. Instead, the bankruptcy trustee gathers and sells the debtor's nonexempt assets and uses the proceeds of such assets to pay holders of claims (creditors) in accordance with the provisions of the Bankruptcy Code. Part of the debtor's property may be subject to liens and mortgages that pledge the property to other creditors. In addition, the Bankruptcy Code will allow the debtor to keep certain "exempt" property; but a trustee will liquidate the debtor's remaining assets. Accordingly, potential debtors should realize that the filing of a petition under Chapter 7 may result in the loss of property.

Chapter 13:
A Chapter 13 bankruptcy is also called a wage earner's plan. It enables individuals with regular income to develop a plan to repay all or part of their debts. Under this chapter, debtors propose a repayment plan to make installments to creditors over three to five years. Chapter 13 permits individuals to keep their property by repaying creditors out of their future income.  It is not available to corporations or partnerships. After completion of payments under the plan, Chapter 13 debtors receive a discharge of most debts.

Foreclosure:
Foreclosure is the legal proceeding in which a bank or other secured creditor sells or repossesses a parcel of real property (immovable property) due to the owner's failure to comply with an agreement between the lender and borrower called a "mortgage" or "deed of trust". Commonly, the violation of the mortgage is a default in payment of a promissory note, secured by a lien on the property. When the process is complete, it is typically said that "the lender has foreclosed its mortgage or lien".

A Foreclosure by Sale ends in the posting of a sign advertising the auction of your home on the sale date. The only ways to stop a foreclosure are full payment of the arrearage, or the filing of a Chapter 13 bankruptcy. Full Payment: If you are able to obtain and tender the full amount of your arrearage, including fees and costs, you can stop the foreclosure of a standard residential mortgage. Most people lack the money to make full payment. This process stops the foreclosure and allows you to repay your arrearage over a three-to-five year period. The arrearage is paid through a court-appointed official, while you resume your regular monthly payments to the bank in order to keep your home. A Chapter 13 can be filed at any time prior to the law day or sale date, and it is often the only avenue to save your home.

Bankruptcy Fraud:
Bankruptcy fraud is a business crime of filing for bankruptcy with criminal intent, that is with the intention of evading payment for goods even though the buyer has funds that could be used to pay for them, or accepting payment for goods or services but not supplying them. Common types of bankruptcy fraud include petition mills, false oath, concealment of assets, and fraudulent conveyance. Multiple filings are not per se fraudulent; as with all things in the law, it depends on the circumstances. Bankruptcy fraud should be distinguished from strategic bankruptcy, which is not a criminal act (but may prejudice a judge against the filer if there is evidence that bankruptcy is being used strategically).

Debt Consolidation:
Contrary to popular belief, debt consolidation is not a loan. Debt consolidation is a process in which debt is restructured into one low monthly payment. It further enables a consumer to reduce the amount owed and thereby eliminate interest. Very often a consumer can detect warning signs of being in too much debt long before any collection notices are received. If more than two of the following signs apply to you, you are probably in too much debt:

• You have begun charging to your credit card essential expenses like food and daily expenditures
• You are making only the minimum payments on your credit cards each month
• You are near the limit of your credit cards
• You have too many credit cards
• You are unsure how much money you owe creditors

Chapter 11:
Chapter 11 is typically used for business bankruptcies and restructuring. It is not commonly used by individual consumers since it is far more complex and expensive to pursue. It allows businesses to reorganize themselves, giving them an opportunity to restructure debt and get out from under certain burdensome leases and contracts. Typically a business is allowed to continue to operate while it is in Chapter 11, although it does so under the supervision of the Bankruptcy Court and its appointees.

If you or someone you know needs the assistance of an experienced Long Island Bankruptcy Lawyer, in Suffolk or Nassau County, call Attorney Scott R. Schneider today at 866-682-1512, or complete the contact form provided on this site to schedule your free consultation.

Professional Profile

If you or someone you know needs the assistance of an experienced Long Island Bankruptcy Lawyer, in Suffolk or Nassau County, call Attorney Scott R. Schneider today at 866-682-1512, or complete the contact form provided on this site to schedule your free consultation.

ADDRESS OF THE FIRM:
Law Offices of Scott R. Schneider
117 Broadway
Hicksville, NY 11801
Telephone: 866-682-1512
Fax: 516-433-1511

MEMBERS OF THE FIRM:

Scott R. Schneider

AREAS OF PRACTICE:

• Bankruptcy Law
• Consumer Protection
• Debtor/Creditor
• Foreclosures
• Real Estate

ADMISSIONS:

• New York
• New Jersey
• U.S. District Court, Southern District of New York
• U.S. District Court, Eastern District of New York
• U.S. District Court, Northern District of New York
• U.S. District Court, Western District of New York

EDUCATION:

• St. John's University School of Law, Jamaica, New York, J.D., 1990
  
• C.W. Post College Campus of Long Island University, B.S., magna cum laude, 1987
  

PROFESSIONAL MEMBERSHIPS AND ACHIEVEMENTS:

• Nassau County (Member, Bankruptcy Committee), Suffolk County and New York State Bar Associations
• Teacher for the Coalition for Consumer Bankruptcy Debtor Education Program
• St. John's Law School Tax Club, 1989 - 1990, Vice President
• St. John's University Graduate Council, 1989 - 1990, Member of Bylaws Committee
• Delta Mu Delta National Business Honor Society, Outstanding Student
• Member, Moot Court
• Phi Delta Phi