ARTICLES

Filing for Divorce and Bankruptcy – Which to file first

Divorce and Bankruptcy: Financial stress and marital difficulties very often tend to be related.  Divorce can be financially devastating and ultimately can lead to the need to file for bankruptcy.  Bankruptcy can also be one of the causes of a divorce.  Regardless of which option comes first, it is important for individuals to be aware of the different options when it comes to filing for both divorce and bankruptcy, and to understand the implications of the order in which the matters are handled.   Divorce and bankruptcy both concern the distribution of property.  Both divorce and bankruptcy also attempt to…

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Dealing with Lack of Childcare

Options to Employees Dealing with Lack of Childcare While New York State businesses have been re-opening in accordance with Governor Cuomo’s New York Forward Plan, employers and workers alike face many unanswered questions. Though New York State has done a remarkable job flattening the curve and significantly reducing the new number of COVID-19 cases, the pandemic continues to have a pervasive effect upon employers large and small, and particularly employees who are being asked to return to work. For close to a four-month period, many employers closed their doors, forcing them to conduct business operations from home where possible. Those…

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THE COVID RENT RELIEF ACT: RENTAL SUBSIDIES

  FOR THOSE FINANCIALLY IMPACTED BY COVID   On June 17, 2020, Governor Cuomo signed the Emergency Rent Relief Act of 2020.  The Act creates the COVID Rent Relief Program to help those impacted by COVID-19 with their rental payments.  New York has set aside $100,000,000 for this program.  The program will provide a one-time rental subsidy directly to a tenant’s landlord or housing provider.  Tenants will not be required to repay any assistance received.  The program, which is being administered by the New York State Division of Homes and Community Renewal (“HCR”), opens on July 16, and will take…

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Landlord and Tenant Law: What landlords should know

The Housing Stability & Tenant Protection Act (HSTPA) of 2019 made several important changes regarding Landlord and Tenant Law, with many of the changes directly impacting landlords and what is required before an eviction proceeding can even begin. This article will explain some of what a landlord will need as they begin to start the eviction process. The first thing to consider is the type of lease you have with your tenant and whether it is a written lease or a month to month tenancy. This is important because as a landlord the HSTPA now has specific requirements on how…

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Evictions During Covid-19: Landlord and Tenant Law

As a landlord, you need to know your rights on evictions during covid-19. On June 14, 2019, the New York State Legislature passed the Housing Stability and Tenant Protection Act of 2019, which was thereafter signed by Governor Cuomo. The legislation and its assorted provisions will only become more important in the coming weeks and months due to the COVID-19 pandemic, various Executive Orders signed by Governor Cuomo and the related moratoriums. The Housing Stability and Tenant Protection Act of 2019 had a number of significant changes to New York Landlord/Tenant Law which will be amplified by the current economic…

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NY Forward Loan Fund

Economic Relief Loans for New York Small Businesses, Nonprofits and Landlords:  The New York Forward Loan Fund   New York has established the New York Forward Loan Fund (NYFLF) to assist small businesses, nonprofits, and small landlords as they reopen after the COVID-19 outbreak and New York on PAUSE.  This is a $100 million loan program that specifically targets small businesses with 20 or less full-time equivalent (FTE) employees, which accounts for 90% of all businesses, nonprofits, and small landlords that have seen a loss of rental income. The NYFLF was created to provide working capital loans to support these…

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Changes to the PPP Loan Certification Requirements

On April 21, 2020, Congress passed the Paycheck Protection Program and Health Care Enhancement Act which, among other things, added more funding to the Paycheck Protection Program (“PPP loans”). Then, on April 23, 2020, the Small Business Administration (“SBA”) released answers to frequently asked questions regarding the PPP loans, and in particular, released Question 31 regarding the necessity requirement of the PPP loan for businesses. Question 31 and its Answer issued by the SBA are as follows: Question: Do businesses owned by large companies with adequate sources of liquidity to support the business’s ongoing operations qualify for a PPP loan?…

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Small Business Reorganization Act: Restructure debt

In August, 2019, Congress enacted the Small Business Reorganization Act (“SBRA”). Congress delayed the start date of SBRA for six months, but on February 19, 2020, SBRA became effective. The purpose of SBRA is to make it easier for smaller businesses to use Chapter 11 of the Bankruptcy Code to reorganize their debts, and continue operating. This new statute was necessary because the existing bankruptcy laws did not adequately accommodate the interests of smaller corporations and limited liability companies that needed to reorganize their debt and continue operating. Under Chapter 13 of the Bankruptcy Code, an individual can restructure and…

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Virtual Legal Services

The COVID-19 pandemic has left many of us to question, how and when do we get back to normal? The answer in many situations is not when we get back to normal but rather how to create a new normal using virtual legal services. The legal community has had to close down its physical operations at offices in light of the Governor’s executive orders, but the attorneys of Melvin & Melvin, PLLC are working hard each day to provide the highest level of legal services. The attorneys of Melvin & Melvin, PLLC are accessible via the typical lines of communication…

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Executing Estate Docs During Quarantine

April 7, 2020 Executive Order impact on Executing Estate Documents A new order from Governor Andrew Cuomo now allows for the execution of Wills, Powers of Attorney, Health Care Proxies and other Estate Planning documents using audio-video technology. This allows the easy creation and execution of these documents while everyone remains in quarantine or self-isolation in order to prevent the spread of COVID-19. The relevant text of the Executive Order is as follows: “For the purposes of Estates Powers and Trusts Law (EPTL)  3-2.1(a)(2), EPTL 3-2.1(a)(4), Public Health Law 2981(2)(a), Public Health Law 4201(3), Article 9 of the Real Property…

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