PM Law PCPM Law PC2026-09-21T23:09:01Zhttps://www.pmlawpcny.com/feed/atom/WordPress/wp-content/uploads/sites/1103396/2023/10/cropped-PMLawPC-Logo_Red_Blue-site-icon-32x32.pngOn Behalf of PM Law PC<![CDATA[What is the benefit of Chapter 13 bankruptcy?]]>https://www.pmlawpcny.com/?p=2571322026-09-18T23:11:43Z2026-09-21T23:09:01ZWhen many people think of bankruptcy and the benefits that it brings, they are actually thinking of Chapter 7 bankruptcy. This is liquidation bankruptcy, where you liquidate non-exempt assets. The money that is earned from this liquidation is then used to pay off a portion of your debt, and you can have remaining financial obligations waived. The bankruptcy eliminates your debt and gives you a fresh start.
With Chapter 13 bankruptcy, however, you do not have to sell any assets. Instead, the court looks at your disposable income, consolidates your debt into a single account and sets up a repayment plan. Over the next three to five years, you will make monthly payments that will slowly pay off the debt that you owe.
Giving yourself more time
People sometimes do wonder why they would file for bankruptcy if they are still going to be responsible for the debt. If you are still making payments, is there actually a benefit?There are some significant benefits to Chapter 13, however -- starting with the fact that the repayment plan gives you more time to address the debt. You may not have been able to afford paying everything at once, but you can afford it over the next five years. Spreading those obligations out allows you to budget appropriately.Moreover, the Chapter 13 bankruptcy filing can make your monthly payments affordable. The court will want to look at your disposable income, so you should theoretically be ordered to pay an amount that actually fits within your budget. This can help to relieve a lot of the immediate financial strain and stress that you are feeling.Whether you are interested in Chapter 13 bankruptcy or Chapter 7, it is important to know how they work and what legal steps to take.]]>On Behalf of PM Law PC<![CDATA[Can your spouse force you out of the house during divorce?]]>https://www.pmlawpcny.com/?p=2571292026-09-18T23:07:35Z2026-09-18T23:07:35ZWhen your spouse tells you that they want a divorce, you know there are going to be significant changes to your living situation and the structure you had in your life, along with your marriage.
That said, you may still be surprised if your spouse tells you that they want you to move out immediately. Maybe you come home and they have already packed your bags or put your stuff on the front step. They tell you that the relationship is over and you have to go. But can they actually kick you out of the house?
Do you also own the home?
Things can get complicated if you do not actually own the house, such as if your spouse was leasing an apartment and you moved in after you got married. You may have a right to continue living in that apartment, but it can be more complex, especially if you have never added yourself to the lease.But if you and your spouse own the home together, then it is as much yours as it is theirs. Both of you are on the title and all other paperwork associated with ownership or your home mortgage. When you both own the house, neither one of you has the legal right to kick the other person out.The major exception to this rule is if your spouse has a court order saying you have to vacate the premises. This will sometimes be done in cases of domestic violence or abuse. They could have gotten a protective order from the court.But if they are just trying to kick you out of the house because they are filing for divorce, they likely do not have the legal authority to do so.
A complicated divorce
Even if you do have a right to stay in the home, this development shows that your divorce case could be relatively contentious and complex. It is very important to understand all of the legal options you have at this time.]]>On Behalf of PM Law PC<![CDATA[3 behaviors that may serve as dissipation of marital assets]]>https://www.pmlawpcny.com/?p=2571252026-09-07T11:20:52Z2026-09-09T11:18:51Z1. Wasteful spending
Dissipation may take the form of wasteful spending either in the weeks leading up to a divorce filing or in response to the other spouse’s filing. This form of dissipation can involve emptying bank accounts or maxing out credit cards. Spending that clearly deviates from a person's financial habits during the marriage could constitute dissipation and might influence the final settlement.
2. The destruction or disposal of marital property
Getting rid of valuable assets can substantially diminish the marital estate. If one spouse gives away a vehicle, sells electronics for a fraction of their true value or intentionally destroys property that belongs to the other spouse, those actions may constitute dissipation. Choosing to destroy or give away assets that both spouses technically share an interest in reduces the value of the marital estate.
3. Undermining the marriage
Dissipation can also entail financial conduct that damages the marital relationship, often without the knowledge of the other spouse. For example, the money spent on an extramarital affair that triggers a divorce could constitute dissipation. Funds spent on gambling or substance abuse issues could also be dissipation.
Identifying waste or destruction of marital resources and quantifying financial misconduct can help people pursue a fair property division settlement. Provable dissipation can significantly alter the final distribution of marital assets and marital debts.]]>On Behalf of PM Law PC<![CDATA[When can a seller retain earnest money after a canceled closing?]]>https://www.pmlawpcny.com/?p=2571232026-09-07T11:11:10Z2026-09-07T11:11:10Zearnest money to deposit with their real estate agent when making offers on property. Earnest money can be as little as 1% of the proposed sale price or substantially more to help buyers stand out when the market is competitive.
If a transaction falls apart, when do the sellers who have listed their property get to keep the earnest money of potential buyers?
Contracts limit earnest money retention
The point of earnest money is to protect sellers from financial setbacks and delays triggered by buyers who walk away from transactions. In theory, the delay generated by a canceled closing could cost a seller thousands of dollars.
Earnest money represents the buyer’s sincere intent to purchase the property and serves as a form of protection for the financial exposure that comes from listing the property for sale. Buyers often protect their earnest money by including contingencies in their offers.
If they cancel the closing for a legitimate reason protected by contingencies, they can retain their earnest money. For example, an inspection contingency allows a buyer to cancel closing when an inspection uncovers significant defects the seller did not previously disclose. In scenarios not protected by contingencies included in the purchase agreement, the seller may have grounds to keep some or all of the earnest money initially deposited by the buyer.
Ensuring that real estate contracts extend appropriate protection is of the utmost importance for those preparing for a major sales and purchases. An attorney can help both buyers and sellers protect themselves by assisting with contract drafting and review during real estate transactions.]]>On Behalf of PM Law PC<![CDATA[Can New York parents directly pay support to their child?]]>https://www.pmlawpcny.com/?p=2571212026-08-25T13:22:22Z2026-08-25T13:22:22ZIf a 16-year-old has a job, manages their own bank account or handles their own expenses, isn’t it practical to simply send support payments directly to them instead of routing everything through an ex-spouse? In New York, however, it does not work that way. The state's child support system has built-in protections and procedures that determine who receives these funds.
What is the general rule for paying child support?
The paying parent must send money as directed in the governing court order or agreement, typically to the custodial parent, through the Support Collection Unit (SCU) or to designated third parties. This setup aims to create a clear record of transactions and reduce disputes.Directing payments to a child without court approval is often treated as a gift rather than child support. This applies regardless of whether the parent acted in good faith, as New York courts focus strictly on enforcing the written order.
What are the risks of directing payments to a child?
The SCU tracks all official payments through the state's system. Any money sent directly to a child generally does not appear in this official record. This means the paying parent may face the following issues:
They will still legally owe the full support amount to the custodial parent.
Their unpaid balance will continue to accumulate as arrears.
They will accrue additional interest charges on the outstanding debt.
They may confront enforcement actions, including wage garnishment or license suspension.
Parents understandably want to help a teen with a car payment, school costs or rent. While those intentions make sense, opting for an unofficial approach will ultimately lead to legal and financial challenges.
When can a parent make direct payments?
New York law does allow changes, but parents must address them through official channels.In limited situations, judges may approve a different payment method if both parties agree and receive judicial authorization. They may also allow payments to a third party, such as a school or landlord, or grant credits for specific expenses.Ultimately, it depends on whether there is a signed, enforceable agreement submitted to and approved by the court, which will always prioritize the child’s best interests.
What to do if a child needs money directly?
Parents can support their child without risking a support violation. They just need a plan that fits the court order.Potential legal remedies include a support modification, a written stipulation filed with the court or a clear method to document approved add-on expenses. If a parent has already paid their child directly, seeking professional guidance right away is highly advisable before arrears grow.]]>On Behalf of PM Law PC<![CDATA[How many missed payments before foreclosure begins?]]>https://www.pmlawpcny.com/?p=2571182026-08-15T20:37:32Z2026-08-21T20:36:22ZPeople must miss four consecutive payments
Mortgage lenders are subject to strict federal rules that aim to protect homeownership from frivolous and aggressive foreclosures. Typically, mortgage lenders cannot foreclose until property owners have missed four back-to-back mortgage payments.
Of course, to bring the loan back into good standing, those who have fallen behind on their mortgages must make all of the missed payments. The larger the monthly payment amount, the harder it may be to catch up after falling behind on a mortgage.
Job loss, medical emergencies, divorce and other personal challenges can all put home equity at risk. Homeowners concerned about the possibility of foreclosure may benefit from learning about bankruptcy as a possible form of financial relief. They may also need to discuss options for foreclosure defense.
Speaking with an attorney is a smart move for anyone who has received foreclosure notices from their mortgage lender. Accurate information about foreclosure rules and proceedings can help people protect their most valuable assets.]]>On Behalf of PM Law PC<![CDATA[The 3 main stages of the naturalization process]]>https://www.pmlawpcny.com/?p=2571162026-08-15T20:33:59Z2026-08-15T20:33:59Z1. The application stage
Naturalization is not automatic. People must petition the government for naturalization and pay a sizable fee to do so. They must pass an extensive background check to validate that they meet the strict standards for naturalization. Many people need help with the paperwork required during the application stage.
2. The interview and test
If an individual seems to qualify for naturalization on paper, they must prove that they are eligible. During a naturalization interview, they may need to answer personal questions. They also need to pass a test in English and civics.
3. The oath
To become a naturalized citizen, people must attend an oath-taking ceremony. During the oath, they must swear to uphold the Constitution and pledge their loyalty to the United States of America. For many people, the oath-taking ceremony is a profound and emotional moment that represents the culmination of a long journey.
Having legal support during the naturalization process can make it easier for people to manage related paperwork, prepare for tests and address any issues that arise. Broadly speaking, legal insight makes it easier for people to achieve their goal of citizenship.]]>On Behalf of PM Law PC<![CDATA[3 considerations to address when negotiating a franchise contract]]>https://www.pmlawpcny.com/?p=2571142026-08-02T14:56:32Z2026-08-05T14:55:05Zfranchise agreements are lengthy contracts that also impose many requirements and restrictions on the franchisee.
Carefully assessing the terms below carefully can help potential franchisees determine whether or not an opportunity is actually beneficial, given their long-term plans.
1. Territory protections
The size of a franchisee’s territory and the duration of their protections can be critical terms. No matter how well-loved a business is, there is a limited amount of demand in any given market. Territory protections help limit the likelihood of direct competition from another franchisee.
2. Restrictive covenants
Franchise agreements often contain restrictive covenants that limit the economic activity of the franchisee even after the franchise agreement ends. A review of noncompete, nondisclosure and nonsolicitation clauses can help people prevent scenarios where they cannot take jobs in the industry or start their own business after running a franchise.
3. Financial requirements
Franchisees often need to invest a significant amount to acquire an opportunity. They must share their revenue with the franchisor. They may also be responsible for other expenses, such as contributions to local marketing or the acquisition of new machinery as required by the franchisor. Validating current and future investment obligations can help people estimate the investment they must make and the returns they could receive.
Working with a lawyer to assess a franchise agreement can help entrepreneurs determine if an opportunity is the right one for them. Franchise agreements are lengthy and complex, and most people benefit from having a lawyer guide them before they sign any franchise paperwork.]]>On Behalf of PM Law PC<![CDATA[Illegal tax evasion vs. lawful tax avoidance]]>https://www.pmlawpcny.com/?p=2571122026-08-02T14:54:02Z2026-08-02T14:54:02ZTax evasion involves lying
There are two main types of lies. There are lies of commission, where people actively attempt to misrepresent their circumstances by providing untrue information. There are also lies of omission, where people intentionally withhold information that might change the opinion or decision of another party.
Both types of lies can lead to claims of tax evasion. Claiming that personal spending was a tax deduction, claiming credits for dependents who don't exist and otherwise intentionally misrepresenting the situation of a taxpayer can constitute tax evasion. Withholding information about income or assets instead of making accurate, thorough disclosures on paperwork can also constitute tax evasion.
Unlike tax evasion, which involves providing inaccurate information, tax avoidance entails using credits, deductions and other tax rules to reduce the final amount of taxes due. Tax avoidance is perfectly legal, whereas tax evasion can lead to intense scrutiny of a tax return, as well as substantial consequences.
Anyone facing an audit, accused of tax evasion or concerned about other enforcement actions may need legal support. Working with an attorney familiar with tax law can help people avoid mistakes that expose them to enforcement actions and respond effectively to audits and any other communication from tax authorities.]]>On Behalf of PM Law PC<![CDATA[Going to court to end joint real estate ownership]]>https://www.pmlawpcny.com/?p=2571102026-07-21T00:50:49Z2026-07-26T00:49:50ZThe courts can offer multiple solutions
When one or more co-owners of real property want to sever the joint ownership arrangement, civil litigation to pursue a partition action is often necessary. Unless owners agree on specific terms, they may require a judge to ensure a smooth transaction.
During a partition action, judges have several options available for ending a joint ownership arrangement. They can require the sale of the property, thereby allowing each owner to receive a portion of the proceeds.
They can divide a parcel into multiple smaller parcels. They can also facilitate one owner's acquisition of another's interest in the property. Each of those arrangements can be appropriate in different scenarios.
Documenting sources of pressure on a co-ownership or arrangements and evaluating the different partition remedies available can make it easier to successfully navigate legal proceedings to end joint ownership. A lawyer's guidance can help people present a compelling case about a real estate dispute in front of a judge.]]>