Firm Overview
Upstate New York Bankruptcy Law Firm
Some law offices practice in a number of areas of law. At the bankruptcy law firm of Richard Croak we are focused 100% on bankruptcy matters for our business and individual clients in Albany, Clinton, Columbia, Essex, Fulton, Green, Montgomery, Rensselaer, Saratoga, Warren, Washington and Ulster Counties. Because we focus strictly on bankruptcy matters, our attorney’s legal advice, as well as our staff assistance, is knowledgeable as well as prompt and attentive.
American Board of CertificationRichard Croak, formerly with the U.S. Justice Department, Office of the United States Trustee, is an American Board of Certification Board Certified Consumer Bankruptcy Attorney and a Board Certified Business Bankruptcy Attorney. The American Board of Certification’s (ABC) programs are designed to identify and recognize those attorneys in consumer or business bankruptcy who have met or exceeded rigorous certification standards relating to experience, continuing legal education, integrity, and peer review; in addition to demonstrating a sophisticated understanding of the law in their specialty area.
Our bankruptcy law firm has helped many consumers and businesses protect their property and their livelihood while reorganizing or discharging their debt in Chapter 7 and Chapter 13 bankruptcies. Richard Croak’s bankruptcy law firm has assisted individuals in avoiding repossession of property, attachment of bank accounts and garnishment of wages. We have counseled and assisted in the satisfaction of tax claims by local, state, and federal taxing authorities. We have helped those with student loans and those wanting to save their homes. Our bankruptcy law firm has also represented clients in complicated reorganizations of businesses under Chapter 11 and farms under Chapter 12.
Attorneys & Staff
Certified in Consumer and Business Bankruptcy Law
American Board of Certification
Richard Croak is a graduate of Brooklyn Law School, a member of the New York state and federal bar, the American Bankruptcy Institute, and the National Association of Consumer Bankruptcy Attorneys. He has been practicing for more then twenty five years. Richard has worked for the U.S. Deptartment of Justice and the state of New York. He managed the office of the United States Trustee in Utica New York for six years. He has been involved in many of the largest and most complex bankruptcy cases in the northern district of New York. Richard was a founding member of Schall and Croak and was also a founding partner of Richard Croak & Associates. Both firms were dedicated to providing affordable, high quality bankruptcy services.
Practice Areas
Considering Filing for Bankruptcy?
Our bankruptcy law firm is dedicated to helping business and consumers filing for bankruptcy. During our initial meeting, we will determine whether or not filing bankruptcy is right for you or your company. If it is not, then we may refer you to an expert credit counselor or other helpful consultant. If a bankruptcy is the right action for you to take, our bankruptcy law firm handles all manner of bankruptcies – large and small, complex and simple, consumer and corporate.
Bankruptcy in the United States serves both debtors and creditors by seeing that debtors get relief from debts they can’t pay, and that creditors get paid from whatever assets the debtor does not need to live after the bankruptcy filing is completed. The Federal Law found in Title 11 of the United States Code governs bankruptcy. As Federal Law, it supercedes any conflicting state law by reason of the supremacy clause of the United States Constitution. With the exception of personal exemptions, it is the same from state to state
There are four kinds of bankruptcy proceedings. They are referred to by the Chapter of the Federal Bankruptcy Code that describes them.
Chapter 7 Bankruptcy – is a liquidation or “fresh start” bankruptcy. It wipes out most debt, and also liquidates assets.
Chapter 11 Bankruptcy – is a business reorganization bankruptcy that is also sometimes used by high-earning professionals. It is a complex type of bankruptcy to file, and not every lawyer is qualified to assist a client in filing a Chapter 11 bankruptcy.
Chapter 12 Bankruptcy – is a bankruptcy code provision specifically for farmers. Although uncommon, our bankruptcy law firm has experience successfully completing Chapter 12 bankruptcies.
Chapter 13 Bankruptcy – is sometimes called a wage-earners bankruptcy. It reduces some debt, or changes the repayment rate or interest rate, and reorganizes the remaining debt so that it may be paid over time.
Taxes & Bankruptcy – it is a common misperception that all taxes must be paid even after a bankruptcy. This is not entirely true and our bankruptcy law firm can show you why.
Student Loans & Bankruptcy – another common misperception is that student loans do not disappear even after filing bankruptcy. This is not entirely true, and our bankruptcy lawyer can tell you about it.
Mortgages & Bankruptcy – homeowners sometimes get into financial trouble due to predatory lending practices. Our law firm can help clarify the relationship between mortgages and filing for bankruptcy.
Correcting Credit Reports – although not specifically tied to a bankruptcy, a credit report with errors in it can make it even more difficult to recover from a bankruptcy. We can help you correct your credit report.