Filing bankruptcy in New York – what is the process #new #york #bankruptcy #lawyer


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New York Bankruptcy Process How to File Bankruptcy in New York

2005 Bankruptcy Act Credit Counseling
The 2005 Bankruptcy Act requires all individual debtors who file bankruptcy on or after October 17, 2005, to undergo credit counseling within six months before filing for bankruptcy relief and to complete a financial management instructional course after filing bankruptcy.

2005 Bankruptcy Act Means Test
Under the 2005 Bankruptcy Act your income and expenses will be analyzed to determine if you qualify to file a Chapter 7 or if you must file Chapter 13. To apply the means test, the courts will look at the your average income for the 6 months prior to filing and compare it to the median income for New York. If the income is below the median, then you may choose Chapter 7. If your income exceeds the median, the remaining parts of the means test will be applied to determine if you can file Chapter 7 or if you must file Chapter 13. (See New York Means Test )

Gathering Paperwork
To begin the bankruptcy process you must itemize your current income sources; major financial transactions for the last two years; monthly living expenses; debts (secured and unsecured); and property (all assets and possessions, not just real estate). You should also collect your tax returns for the last two years, deeds to any real estate you own, your car(s) titles, and the documents for any loans you may have.

Filing Bankruptcy
Once you have gathered this information, either on your own or with the help of an attorney, you should then determine which property you believe is exempt from seizure based on the New York exemptions. To actually file, either you or your attorney, will need to file a two-page petition and several other forms at your New York district bankruptcy court. These forms, collectively are referred to as the schedules and ask you to describe your current financial status and recent financial transactions (typically within the last two years). If your creditors or the judge feel or find out that you have not been entirely forthcoming in your bankruptcy filing, it could jeopardize the outcome of your petition.

The cost for filing a Chapter 7 bankruptcy is $306. This fee may not be waived but you may be able to pay it in installments. The fee of $281 for a Chapter 13 bankruptcy cannot be waived.

Chapter 13 Requirements
If you are filing a Chapter 13 bankruptcy, a proposed repayment plan must also be submitted. After reasonable monthly expenses have been paid, how much money will you have left over to put toward your outstanding bills? And how will this money be divvied up among those you owe? Priority claims (such as taxes and back child support) must be paid in full; unsecured debts (like credit card debt and medical bills) are usually paid in part. Depending upon the judgments of those involved with your case, unsecured debts can be paid off for as little as 10 cents on the dollar.

In addition to the general requirements listed above, the repayment plan must pass each of the following three tests:
1) It must be delivered in good faith.
2) Unsecured creditors must be paid at least as much as if a Chapter 7 bankruptcy had been filed. Generally, this is the value of all the nonexempt property you own (see New York bankruptcy exemptions ).
3) All disposable income must be paid into the plan for at least three years (you may use up to five years in order to meet the second test that you pay at least as much as in a Chapter 7).

If you have filed Chapter 13, you must begin making your plan payments. Generally these payments will be withdrawn directly from your wages and you or your attorney should arrange with the court for these payments to be deducted from your wages.

Automatic Stay
Once you have filed your paperwork with the bankruptcy court, an automatic stay immediately goes into effect. This provision prevents creditors from making direct contact with you or staking a claim on any of your property from the day of filing forward. This will stop any foreclosure proceedings.

Bankruptcy Trustee
Upon filing, the court will assume legal control of your debts and any property not covered by your New York exemptions. A trustee will be appointed to your case by the court. The job of the trustee is to see that your creditors are paid as much as possible. This person will thoroughly review your paperwork, particularly the assets you have in your possession and the exemptions you wish to claim, and can challenge any element of your case.

341 Meeting of Creditors
Approximately a month after filing, the trustee will call a first meeting of creditors, which the debtor must attend. This proceeding is also referred to as the § 341 meeting, named after the corresponding section of the bankruptcy code. Creditors rarely attend a Chapter 7 bankruptcy meeting; one or two creditors may attend a Chapter 13 meeting, especially if there is a question as to the legitimacy of some aspect of the plan. Objections are typically resolved by negotiation between the debtor or the debtor s counsel and the creditor. If a compromise can not be reached, a judge will intervene.

The meeting of creditors typically lasts about five minutes. You will receive notice of the location of the meeting but you may contact the court to confirm the address and time. (see New York Bankruptcy Court Directory ) Most Chapter 7 filings involve no non-exempt assets, however, if you filed for Chapter 7 and do have non-exempt assets, you will have to turn over non-exempt property (or its fair market value in cash) to the trustee after the meeting. The trustee will sell this property and distribute the proceeds to your creditors. If the property isn t worth a great deal or would be hard to sell, the trustee may decide to abandon the property (and return it to you). Trustees and creditors have 60 days to challenge the debtor s right to a discharge. If there are no challenges, you will receive a notice from the court that your dischargeable debts have been discharged within three to six months.

Chapter 13 Plan Confirmation
If you filed a Chapter 13 plan, you will need to attend a hearing before a bankruptcy judge who will either confirm or deny the repayment plan. If your plan is confirmed and you make good on it, the balance (if any) on the dischargeable debts you owe will be eliminated at the end of your term.

Are you struggling with debt and feeling overwhelmed? Talk to a local attorney and get a free case review.


Case Paper Company #case #paper #company, #merchant, #converter, #printing #papers, #new #york, #ny, #philadelphia, #pa, #chicago, #il, #miami, #fl, #charlotte, #nc, #los #angeles, #ca, #toronto, #canada, #irv #schaffer, #robin #schaffer, #peter #schaffer, #fsc, #certified, #forest #stewardship #council, #printers, #publishers, #packagers, #designers, #alta #high-yield, #sonata, #novalith, #concerto, #coated #paper, #uncoated, #paperboard, #recycled #paperboard, #litho #c1s, #c2s, #carbonless, #silver, #specialty #paper


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Since 1943, Case Paper Co. has provided incomparable service to the printing and packaging industry. The foundation of this service rests on maintaining one of the largest inventories of coated paper and board in both rolls and sheets in the United States; providing swift delivery of custom-converted products from state-of-the-art equipment; and and the ability to process custom sizes.

In fact, Case Paper has an extensive inventory of over 75,000 tons of paper and board available for immediate delivery, warehoused in over 1.25 million sq.ft. of storage space across the U.S. We also provide state-of-the-art converting, warehousing, shipping, and logistics from several North American locations.

With a broad range of equipment—from Maxson, Marquip, and Goodstrong sheeters, up to 90″ Jagenberg and A F slitters, and up to 110″ Lawson guillotine trimmers—Case Paper can handle virtually every need, from small to large-format sheet sizes to narrow- to large-format digital rolls.

Our well-coordinated team of over 60 sales representatives and local customer service representatives serves U.S. domestic markets as well as Canada, Mexico, and South America. We have 24/7 access to real-time, nationwide inventory, and offer round-the-clock customer service.

Our Products

  • Coated Paper — for brochures, annual reports, book covers, and catalogs.
  • Uncoated Paper — for financial reports, direct mail, and newsletters.
  • Paperboard — for packaging, displays and signage, and board games.
  • Litho C1S — for labels, posters, corrugated lamination, foil/film lamination.
  • Carbonless Paper — for forms in duplicate, triplicate, etc.

NEWS & EVENTS

At the annual Printing Industry of the Carolinas (PICA) awards banquet on April 29, 2017, the Case Paper Award for Best Brochure or Broadside was awarded to TCG Legacy for Aralex’s Yosprala brochure. Considered to be the best of this year’s 32 entries in the brochure/broadsides category, and one of more than 670 entries from [ ] Read more

In November 2016, John R. Cumming joined the Case Paper Co. team as Director of Sales, Northeast. With over a quarter century of experience running companies that sell paper and board to the commercial print and packaging industries and a degree from the University of Pennsylvania, Cumming has experience in all aspects of the paper business, [ ] Read more

Case Paper recently announced the purchase of a MarquipWardUnited dual-rotary sheeter for their Philadelphia, PA plant. Able to sheet up to two rolls at a time, the new sheeter will provide custom-sized sheets of both paper and paperboard. The ninth sheeter and the tenth converting equipment purchase over the past seven years, Case Paper’s latest [ ] Read more

In September 2016, Case Paper completed the installation of a new Maxson MDH dual knife rotary sheeter at its manufacturing facility in Philadelphia, PA. Supported by skilled sheeting experts, the new sheeter increases capacity by 20 million pounds annually. For printers and packaging companies that have to turn around a job quickly, it also shortens [ ] Read more


Social Sciences, Human Services & Criminal Justice – Program Requirements, colleges for criminal justice in new york.#Colleges #for #criminal #justice #in #new #york


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colleges for criminal justice in new york

The CUNY Justice Academy is a transfer-focused partnership that links the Criminal Justice A.A. Degree completed at Borough of Manhattan C.C. to Baccalaureate Degree Programs at John Jay College, provided that students meet academic requirements (GPA of 2.0 or above).

When you enroll at BMCC´s Criminal Justice Program you automatically receive dual admission into John Jay College of Criminal Justice. The first 60 credits of your college education are taken at BMCC, and your final 60 credits at the senior college.

Upon graduation from BMCC you will not only receive your Associate Degree´s Diploma. Once you satisfy BMCC s degree requirements, you are granted automatic transfer into John Jay College, one of the most prestigious and selective colleges in the field of Criminal Justice nationwide.

Why Criminal Justice at BMCC?

In the CRJ program at the Social Sciences and Human Services Department, you will find yourself in an academically stimulating environment, surrounded by highly committed and trained faculty. You will have guaranteed access to quality, yet affordable, college education at the heart of downtown Manhattan.

Our flexible schedule makes it possible for you to tailor your course selection around your personal responsibilities. For this purpose, we offer morning, afternoon, evening, and weekend course offering.

To help you succeed in your studies, we have an on-site childcare center, an Office of Veteran s Affairs, peer tutoring and professional counselors at the Learning Center, and an Office of Accessibility to assist students with disabilities. There is a dynamic CRJ Student Club that meets weekly and holds numerous events, such as CRJ speaker series, a moot court, and related fieldtrips across New York City. Finally we have an annual Career Information Fair for CRJ students, and a comprehensive list of career planning services through the Career Development Center.

Career Opportunities

According to the Bureau of Labor Statistics (BLS), some of the positions within the field of Criminal Justice are expected to grow at a faster than average rate in the United States. For example, detective positions are expanding, and there is a projected growth of 21% by 2020. As a CRJ major there are several career paths available to you. Among many others, you could choose between opportunities in law enforcement agencies, corrections, parole or probation, forensics, the courts, firefighting, juvenile delinquency, or pursue a law degree. Alternatively many of our majors decide to work in the area of advocacy or non-profit, assisting formerly incarcerated individuals in their reentry efforts, among others. The truth of the matter is that jobs in Criminal Justice are expected to continue increasing. Your college degree from BMCC is the foundation and starting point to launch your criminal justice career.

With your A.A. Degree in CRJ, you will qualify for the following positions:

  • New York City Police Officer
  • Corrections Officer
  • New York City Firefighter
  • Security Officer

With a Bachelor s Degree in CRJ, you will be eligible for employment as:


World s Scariest Hikes #catskills #+ #hudson #valley,new #york,u.s.,u.s. #+ #canada,victoria #+ #vancouver #island,british #columbia,canada,kauai,hawaii,anchorage,alaska,yosemite #national #park,sierra #nevadas #+ #yosemite,california


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World’s Scariest Hikes

His left hand clutching rock, a foot searching for purchase on an icy plank below, writer and TV host Robin Esrock looked down from his precipitous position on China ’s Mount Huashan. A spiraling fall, hundreds of feet to a canyon floor, would be the result of any misstep. “This is the moment where I’ve officially lost my mind,” he said, recording his adventure with a handheld camera.

The Mount Huashan trail, popular with domestic tourists, trudges up steep staircases cut into rock. It climbs ladders bolted into stone. Eventually, it becomes a dicey balancing act where hikers traverse a vertical face on wooden planks fastened to a sheer cliff wall. Esrock hiked and ascended for hours to complete the route and reach a temple at the peak.

Risking your life to go for a hike may seem extreme. But around the world, thousands of travelers boot up and take a gamble for a walk in a magical place like Mount Huashan. These hikes, though frightening, are accessible to almost anyone in moderate physical shape.

A good example is the Kalalau Trail in Kauai. an 11-mile route along the island’s remote Na Pali Coast that is among the most paradisiacal paths on earth. Green walls rise 4,000 feet from the ocean waves, but loose rock, cliff falls, and flash floods are dangers on the winding tropical trip. Fit hikers complete the Kalalau Trail in a long day. Backpackers camp halfway through.

The trail itself is not the only danger. A couple miles into the Kalalau hike you’ll find Hanakapiai Beach, an epic and remote strip of sand below Kauai’s cliffs. Powerful riptides can carry swimmers away, and the beach has been the unfortunate site of many drownings. Despite the dangers, the trail is safely traversed by thousands of hikers each year.

In Canada, another infamous trail follows Pacific Ocean waters on a remote stretch of Vancouver Island. The 48-mile West Coast Trail was built decades back as a route to rescue shipwreck victims. Today, the WCT is within the Pacific Rim National Park Reserve. Along the rugged route, animals haunt many hikers’ fears. Three potential man-eating beasts—bears, wolves, and cougars—lurk in the thick woods along the path. But you’re more likely to twist an ankle than encounter a wolf. Terrain on the WCT is notoriously harsh. Muddy trails, hand-over-hand ascents, and wooden ladders positioned for passage up vertical valley walls offer multiple venues to tempt fate and test Murphy’s Law.

In China, on Mount Huashan, Robin Esrock knew he was tempting the gods. He hiked and climbed on the edge for hours. At the end of his self-filmed production, Esrock kneeled at a temple on the peak and uttered a quiet prayer. “Thank you for letting me survive that,” he whispers, a soft voice trailing as the wind picked up.

5 of 6 Daniel Leclair/Corbis

Routeup Pacaya Volcano, Guatemala

A trek uphill to see steam vents and rivers of lava on Guatemala’s Pacaya Volcano is a popular tourist hike, since it’s near Guatemala City. But after a shower of volcanic rock killed a reporter this spring, Pacaya National Park closed the trail. Visitors were soon bypassing the usual route, according to an Associated Press article, and heading up the volcano through a private farm in a nearby village.

6 of 6 Edward Reeves/Alamy

KokodaTrack, Papua New Guinea

For various tragic reasons, four hikers died in separate incidents on the Kokoda Track during the 2009 trekking season. The trail runs for 60 extremely remote miles overland through Papua New Guinea’s Owen Stanley Mountain Range, climbing to more than 7,000 feet. A journey on the trail—which was the site of a World War II battle between Japanese and Australian forces—takes 4 to 10 days for most groups. Weather swings between hot days and frigid nights. Malaria and other tropical diseases are constant threats on what is among the world’s most dangerous long-distance backpacking routes.


Best Immigration lawyer in Orange County, CA #yelp,recommendation,san #francisco, #bay #area, #local,business,review,friend,restaurant,dentist,doctor,salon,spa,shopping,store,share,community,massage,sushi,pizza,nails,new #york,los #angeles


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Best immigration lawyer in Orange County, CA

Cities

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  • City of Industry
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  • Costa Mesa
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  • Huntington Beach
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  • Long Beach
  • Los Angeles
  • Mission Viejo
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  • Norwalk
  • Orange
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Distance

  • Bird’s-eye View
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Price

Features

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    General Features

    • Offering a Deal
    • Open At:
    • Open Now
    • Offers Military Discount
    • Gender Neutral Restrooms

    Category

    • Immigration Law
    • Criminal Defense Law
    • Personal Injury Law
    • Divorce & Family Law

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Arab Singles (New York, NY) #men #dating


#arab dating

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Arab Singles

Arab Singles

These days it’s hard to be Arab. On the other hand, to be single can be a lot of fun. But being Arab and single is BONKERS! We started this group for Arab Singles in the New York area who are looking to meet and date other Arabs.
We host Arab Singles Socials, so we can actually m

These days it’s hard to be Arab. On the other hand, to be single can be a lot of fun. But being Arab and single is BONKERS! We started this group for Arab Singles in the New York area who are looking to meet and date other Arabs.

We host Arab Singles Socials, so we can actually meet each other. (Thanks to those who came out last month) We will be organizing social events for singles who are looking to meet friends or that special someone. Suggestions are welcomed.

Rules to being a member

1) You should be Arab

2) Your profile must include your name

3) you profile must include a recognizable photo of just you

4) You must answer profile questions 1) Country of Origin ( dont say US) and profession

We find that when people put out their info, they get contact more frequently

I’d also like to make our discussion board a place that people can post anything they want. i want people to vent, promote, gossip, ask advice and tell jokes. I also host several speed dating events and sometimes we do an Arab Singles speed dating night. I’ll be sure to let the group know when those events are.

New members must be approved by the organizer


Best Solar Incentives in New York State #solar #panels #new #york #state


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New York State s Solar Incentives Some of the Best in the Country

These days, virtually every state in the USA has some kind of support program for rooftop solar energy systems. But you re especially fortunate if you re planning on going solar in New York State. your state has some of the most ambitious solar incentives in the country. Thanks to these incentives, solar has become a very attractive investment in New York. What are New York State s solar incentives and how can you take advantage of them

What are the best New York state solar incentives?

There are three main incentive programs that make going solar is a sweet deal in New York. These three incentives are:

  • The Megawatt Block Incentive Structure . which is a direct, generous incentive for solar energy available under New York s ambitious NY-Sun Initiative.
  • Net energy metering . which ensures that you get paid a fair price for the solar electricity that you send into the grid. Any credits for excess solar power that you accrue in a credit bank , and can be used in future months (usually winter) if your solar energy system produces less electricity.
  • New York State s Solar Equipment Tax Credit . which can reduce your state tax payments by up to $5,000 or 25% off your total solar energy expenses (whichever is lower). The great advantages of the Solar Equipment Tax Credit are that: 1) You don t have to purchase your system claim the credit (i.e. it applies to you even if you went solar with a lease or PPPA), and 2) if your tax liability isn t large enough to claim the entire credit in the first year, you can roll it over into the next year.

Don t forget about the federal Investment Tax Credit!

If you add on the federal Investment Tax Credit (ITC) to New York s already generous solar incentives, the deal becomes even sweeter. The ITC allows you to reduce your federal tax liability by up to 30% of the net cost of your solar energy system (that is, after other rebates and credits). The ITC applies only if you purchase your solar energy system (with cash or a solar loan ). If you do not have a large enough tax liability to claim your entire credit, it can be rolled over into the next year.

Other New York Solar Programs and Incentives:

  • The NY-Sun Initiative . NY-Sun is an umbrella program for a number of solar industry support mechanisms in New York State, including (but not limited to) the Megawatt Block Incentive Structure. NY-Sun, in conjunction with NYPA, also provides the backbone for the state s Community Solar and K-Solar programs .
  • The REV Initiative : The ultimate goal of this program is to reinvent New York State s energy systems with a focus on distributed energy technologies like rooftop solar panels and energy storage. Although it does not directly subsidize rooftop solar power, its ultimate aim is to level the playing field for distributed energy vs centralized power plants (like coal, gas and nuclear) through market reforms.

Want to learn more about your solar options in New York? Shop with EnergySage

EnergySage s New York Solar Marketplace makes it easier than ever to compare solar offers from different installation companies in New York State (and other states as well). It was for this reason that the New York State Energy Research and Development Authority (NYSERDA) recently awarded EnergySage $400,000 to help bring down solar soft costs by bringing greater transparency to the state s solar energy system market. Get started with us by requesting an Instant Estimate today!

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Top California Nursing Schools – Colleges, 2017, colleges for nursing in new york.#Colleges #for #nursing #in #new #york


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Top California Nursing Schools Colleges

There is a highly significant shortage of nurses in the state of California. In fact, some 78% of people in the state live in a Registered Nurse Shortage Area (RNSA). Indeed, in the Sierra and Alpine areas, there are no registered nurse facilities at all.

The worst shortage in nurses can be found in the field of Nurse Educators. Some 8,883 students that qualified for a student position at one of the nursing schools in the state had to be turned away because there is no faculty available to teach them. This is particularly shocking considering that there are 42 schools in the state that are accredited by the American Association of Colleges of Nursing. As a result, the Nurse Educator role is one of the most interesting fields of work in California itself. In response to this, federal and state funding have been made available to a number of nursing specializations. The Nurse Educator is one of them, as is the adult/gerontology specialization and nurse anesthetist.

There are various reasons as to why there is such a significant shortage. One of the main reasons, according to the U.S. Bureau of Labor Statistics is because the current workforce is made up largely of baby boomers who are approaching or, in some cases, have passed retirement age. Additionally, the changing health needs of the aging population and the implementation of the Affordable Care Act mean that there is more demand on healthcare workers as well. Finally, the overall health needs of the population are changing, particularly as a result of the nationwide obesity epidemic.

About 10.4% of the current nursing workforce in California is made up of Advance Practice Registered Nurses. Although this is a low percentage, it is higher than in many other states, which is a positive development. Indeed, those who have a master s degree tend to have much better job opportunities than those with a bachelor s degree or below. Additionally, many employers are implementing schemes to allow those who do not have a master s degree to take part in financially supported master s degree educational arrangements.

The median annual salary for a Registered Nurse in California is $72,000, which is above the national average. However, the cost of living is also much higher in the state. Furthermore, actual salaries vary quite significantly, with the highest earners being the cardiac catheterization lab nurses and the lowest earners being the oncology nurses. Qualifications, experience and geographical location are all of importance in terms of salary.


Plumbing west chester pa #plumbers #in #york #pa, #plumbers #lancaster #pa, #plumbers #harrisburg #pa, #plumber #west #chester #pa, #plumbers #reading #pa, #plumbers #in #lebanon #pa, #hvac #lancaster #pa, #air #conditioning #repair #lancaster #pa, #heating #repair #lancaster #pa, #lebanon #heating #and #air, #plumbing #lancaster #pa, #heating #repair #west #chester #pa, #reading #heating #and #air, #hvac #york #pa, #hvac #harrisburg #pa, #hvac #west #chester #pa, #hvac #reading #pa, #hvac #lebanon #pa


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Expert Plumbers at Your Service in Harrisburg, Lancaster, Lebanon, Reading, West Chester and York, PA

Plumbing issues affect the immediate wellbeing of a family or the occupants of a business. When you have clogged drains, your water heater is leaking, or your sewer line is backed up, you’ll want reliable, expert service – and you’ll want it fast.

Our highly experienced team is equipped to handle anything related to your building’s plumbing quickly, efficiently, and courteously. Even better, we’re proud to service locations in and around Lancaster, PA with our quick and courteous service. You’ll never have to worry about clogged drains or water softener issues in Lancaster, PA again!

Plumbing problems are often emergencies. If you’re in the middle of one, please call (717) 859-2025.

Our ability to serve our customers goes well beyond simple break-and-fix services.

Ressler and Mateer’s range of offerings includes the following:

Well and booster pump installation

Common water concerns

Low-quality water doesn’t just taste bad. It can leave residue on your silverware, harm your pipes, and even cause skin irritation. For solutions to low water pressure, hard water, chlorine or other unpleasant flavor, sulfurous smell, and more, the professionals at Ressler and Mateer are the region’s top choice. We can help you solve your water issues, even helping you repair or replace your water softener in Lancaster, PA.

If you’re tired of spending money on bottled water, we can install a reverse osmosis system for water that tastes great straight from the tap.

Bathroom Remodeling throughout Lancaster, PA

When it comes time to remodel your bathroom, Ressler and Mateer can offer you the best in quality and experience. We can handle replacement of any components in your bathroom for a subtle update, or if you wish, serve as your partner throughout a full-scale remodel.

To discuss your bathroom remodeling project in Lancaster, PA with us, or to get more information, contact us or call (717) 859-2025.

The Benefits of Remodeling Your Bathroom

Restore functionality. We often find that bathroom we remodel aren’t always laid out in the most functional way. We can develop a plan to restore functionality to your space.

Increase value. Making renovations to a home increases its appeal to potential buyers, and even if you’re not looking to sell, it can add up to $3,000 to your home.

Modernize. The comfort features available in bathrooms today may be very different than when your home was built. When you update your bathroom, you can modernize.

Reflect your preferences. If you aren’t the original homeowner, chances are your bathroom doesn’t look the way you want it to. A remodel updates it to your style.

Ready to get started on your bathroom remodel project?
Contact us for a consultation. We’d love to get the details and help you build the perfect bathroom for your home or business! We can handle bathroom remodeling projects throughout our service area including Harrisburg, Lancaster, Lebanon, Reading, West Chester and York, PA.

When you’re ready for an upgrade, call Ressler & Mateer!

We provide installation for new heating and cooling systems and retrofit options to keep you comfortable year-round.


New York Divorce FAQs #divorce #attorney #new #york


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New York Divorce FAQs

What are the Grounds for a Divorce in New York?

New York recognizes both fault and no-fault grounds for divorce. In a fault divorce, one spouse will claim that the other spouse engaged in some misconduct, which led to the divorce.

The fault grounds in New York include the following:

  • cruel and inhuman treatment, such as mental or physical abuse
  • abandonment for one or more years
  • imprisonment for three or more years, and
  • adultery.

These fault grounds don’t typically influence a judge s decisions regarding alimony and property division. But other types of bad behavior, such as one spouse’s waste of assets, may affect an alimony award and the final distribution of assets. In addition, courts may consider more egregious misconduct, such as a history of abuse, when making custody decisions.

In a “no-fault” divorce, there is no need to point a finger or blame your spouse for the break up. You don’t have to provide a specific reason for the split and can base your divorce on any of the following grounds:

  • the “irretrievable breakdown” of the marriage (this is just another way of saying you and your spouse can’t get along anymore) for a period of at least six months
  • living apart for a period of one or more years, after a judgment of separation, or
  • living apart for a period of one or more years pursuant to a separation agreement.

Can I Represent Myself?

Yes. You can represent yourself, but that s not always the best idea. If you have a very straightforward divorce case (for example, you don t have children, don t have many assets to divide, don t expect to pay or receive alimony, and agree with your spouse on most issues), you may feel fairly comfortable representing yourself.

If, however, you and your spouse can t resolve issues on your own, or if your case involves complex financial or custody issues, it s best to consult with an experienced family law attorney. Divorce laws regarding custody, property division, and alimony (also referred to as spousal support or maintenance ) are complex. If you have a complicated case, but don t know how to represent yourself and protect your rights, it would be wise to consult with an experienced professional.

Divorcing Without a Lawyer

Many people get divorced without the added cost of an attorney, but it’s not right for everyone. To learn the basics about doing your own divorce, and the important issues you’ll need to consider, see Ten Tips for a Do-It-Yourself Divorce .

How Long Must I Reside in New York Before I can Begin my Divorce Action?

You can file for divorce in New York if one of the following applies to your case:

  • you and your spouse were married in New York, and at least one of you has been a resident of New York for at least one year before the start of the divorce
  • you and your spouse resided in New York as husband and wife, and at least one of you has been a resident of New York for at least one year before the start of the divorce
  • the grounds for divorce occurred in New York, and at least one of you has been a resident of New York for at least one year before the start of the divorce
  • the grounds for divorce occurred in New York, and both you and your spouse are residents of New York at the start of the divorce, or
  • at least one of you has been a resident of New York for at least two years immediately before the start of the divorce.

Will the Public Have Access to the Divorce Papers I File in Court?

No. In recognition of the very personal nature of divorce proceedings, New York law keeps matrimonial matters private by prohibiting the court clerks and court reporters from allowing anyone, other than spouses or their attorneys, to examine or copy any of the legal paperwork filed in divorce court (e.g. pleadings, affidavits, findings of fact, conclusions of law, judgments of dissolution, and written agreements of separation).

How Much Will a Divorce Cost?

It s impossible to predict how much a divorce will cost, but a few things are certain. First, whether or not you represent yourself, you will have to pay court fees, which are charged every time you file a petition or other legal paperwork with the court. Check the New York State Unified Court System s website for a current list of filing fees in New York.

Second, if you hire an attorney, you (or your spouse) will have to pay attorney s fees. Divorce lawyers in the New York area charge hourly fees that start at around $175 per hour and go up to $450 an hour for the most experienced experts in the field.

Third, if you have substantial assets, you may need to hire experts that charge hourly rates in addition to your attorney s fees. Experts may be necessary for the following:

  • to provide advice about the financial consequences of your proposed settlement agreement
  • to value your (or your spouse’s) business, professional degree, professional license, retirement benefits or a pension
  • to provide an appraisal of personal property such as wine, fine art, jewelry and other collectibles, or
  • to provide an appraisal of real estate.

Additional expenses and costs may be incurred for transcripts (e.g. wirtten transcripts of depositions or court hearings), or for serving legal documents, such as subpoenas.

As you can see, various factors play a role in determining how much your divorce will cost. The more complex your case is, the more likely it is that you ll need to hire an attorney and/or expert(s). And, if you and your spouse can’t resolve divorce-related issues, you ll probably end up in a costly court battle, which will certainly increase your legal fees. So, while it s difficult to predict, most attorneys will agree that a highly-contested divorce with numerous issues or substantial assets can become quite expensive.