Mr. Robins is a regular columnist on bankruptcy law for the Suffolk Lawyer (the official publication of the Suffolk County Bar Association) where he has written for over 18 years. He also frequently writes articles for the Nassau Lawyer (the official publication of the Nassau County Bar Association), as well as the Attorney of Nassau.
He has covered a variety of topics including New York bankruptcy law and procedure; bankruptcy legislation; the new bankruptcy laws; Long Island bankruptcy practice; the interaction of bankruptcy law on personal injury cases; bankruptcy and matrimonial rights; issues in bankruptcy court including the meeting of creditors, bankruptcy motions, adversary proceedings and bankruptcy litigation; profiles on bankruptcy court judges; tax consequences of filing for bankruptcy; bankruptcy issues with sub-prime mortgages; and re-establishing credit after bankruptcy.
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Counseling High-Income Consumer Bankruptcy Debtors
Suffolk Lawyer, June 2010
Written by Craig D. Robins, Esq.
In the past few years I've noticed a fascinating trend. I'm counseling more and more debtors with high income and high debt. Representing such debtors requires addressing certain special issues which I will address in this article.
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The Annual NACBA Convention
Suffolk Lawyer, May 2010
Written by Craig D. Robins, Esq.
During the last week of April I traveled to San Francisco to attend the annual convention of the National Association of Consumer Bankruptcy Attorneys (NACBA).
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Judges Differ with Chapter 7 Cram-Down
Suffolk Lawyer, April 2010
Written by Craig D. Robins, Esq.
The December Consumer Bankruptcy Suffolk Lawyer article, "Chapter 7 Cram-Down of Second Mortgages" reported that Central Islip Bankruptcy Judge Dorothy T. Eisenberg issued a decision permitting a Chapter 7 debtor to cram-down a second mortgage.
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What is "Income" for Means Test Purposes?
Suffolk Lawyer, March 2010
Written by Craig D. Robins, Esq.
Last month I discussed the difficulties that Congress created by enacting a means test statute. In this month's column I will highlight some recent bankruptcy court decisions that shed light on interpreting what is "income" for means test purposes...
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Deciphering the Plethora of Means Test Cases
Suffolk Lawyer, February 2010
Written by Craig D. Robins, Esq.
When I sat down to write this month's column, I was prepared to discuss several recent cases interpreting the means test. However, I could not get over the great number of splits of authority over almost every single issue.
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Chapter 7 Cram-Down of Second Mortgages
Suffolk Lawyer, December 2010
Written by Craig D. Robins, Esq.
One of the biggest problems that homeowners face in today's recessionary economy is the loss in the value to their homes.
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Foreclosure Decision Sounds Warning
Suffolk Lawyer, December 2010
Written by Craig D. Robins, Esq.
Suffolk County Supreme Court Judge Jeffrey Arlen Spinner, sitting in Riverhead, just issued a highly controversial decision in a mortgage foreclosure case in which he totally cancelled the mortgage because of the mortgagee's egregious and shocking conduct in the case.
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Bankruptcy Issues Facing Same-Sex Couples
Suffolk Lawyer, November 2009
Written by Craig D. Robins, Esq.
Same-sex couples have many more issues to contend with than heterosexual married couples - especially when it comes to filing bankruptcy in New York.
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Portion of New Bankruptcy Laws Declared Unconstitutional
Suffolk Lawyer, October 2008
Written by Craig D. Robins, Esq.
Discusses two recent cases which struck down that part of the new bankruptcy law which prohibited attorneys from advising clients to incur debt in contemplation of bankruptcy.
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U.S. Court of Appeals Judge Reena Raggi Visits Domus
Nassau Lawyer, October 2008
Written by Craig D. Robins, Esq.
Details United States Court of Appeals Judge Reena Raggi, who was the honoree at the 2008 annual Theodore Roosevelt Inn of Court Dinner. Craig D. Robins sits on the Board of the Inns of Court.
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Litigating Against Abusive Mortgagees. Your Author Scores Big Win Against Mortagee Who Filed Frivolous Motion
Suffolk Lawyer, September 2008
Written by Craig D. Robins, Esq.
Addresses one particular case of mortgagee abuse in a Chapter 13 case in which Craig Robins represented the debtor. The mortgagee had improperly and frivolously brought a motion to vacate the stay. The article discusses Craig’s successful efforts to litigate against the mortgagee, eventually working out a settlement in which the mortgage company agreed to pay a sanction in excess of $32,000 -- a record in this jurisdiction.
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New Bankruptcy Judges Meet Bankruptcy Bar; and Former Chief Judge Jumps Firms
Suffolk Lawyer, June 2008
Written by Craig D. Robins, Esq.
Discusses information and background about the two new bankruptcy judges in the Central Islip Bankruptcy Court – Judges Alan S. Trust and Robert E. Grossman. Also contains news about former Chief Bankruptcy Judge Melanie Cyganowski's recent move to a new law firm.
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How a Debtor Should Not Act
Suffolk Lawyer, May 2008
Written by Craig D. Robins, Esq.
This article provides a summary of an interesting Texas case involving an attorney who filed his own pro se bankruptcy, and how he exercised bad faith and extremely poor judgment at almost every step of the proceeding. The article also provides some background information on the Central Islip Bankruptcy Court's newest judge, Hon. Alan S. Trust, who was sworn in the prior month.
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Finally. . . U.S. Trustee Getting Tough on Mortgage Lenders: Putting a Stop to Abuse Against Consumer Debtors
Suffolk Lawyer, April 2008
Written by Craig D. Robins, Esq.
Addresses steps the United States Trustee has taken against mortgagees and their attorneys who engage in bankruptcy abuse by misrepresenting facts, filing frivolous motions, or submitting incorrect proof of claims.
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Lawyers File for Bankruptcy, Too: Attorneys Are Not Immune From Debt Problems
Suffolk Lawyer, March 2008
Written by Craig D. Robins, Esq.
Discusses issues involved in representing an attorney as a client and debtor in a consumer bankruptcy case.
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Voiding Pre-2005 Judgment Liens: Debtors May Use Post-2005 Homestead Exemption
Suffolk Lawyer, February 2008
Written by Craig D. Robins, Esq.
Discusses recent case that reinforces a debtor's ability to void a judgment lien under the new law if it impairs the debtor's homestead exemption.
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New Laws In Place Two Years. Panel Discusses Current Bankruptcy Practice.
Part II: Chapter 7 and Other Issues
Suffolk Lawyer, January 2008
Written by Craig D. Robins, Esq.
Continuation of previous article about various aspects of consumer bankruptcy practice under the new laws, with a focus on Chapter 7 cases.
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With New Laws In Place Two Years, Panel Discusses Current Bankruptcy Practice.
Part I: Chapter 13 Issues
Suffolk Lawyer, December 2007
Written by Craig D. Robins, Esq.
Contains a discussion of current issues in consumer bankruptcy practice under the new laws that are now two years old, with a focus on Chapter 13 issues, based on a presentation by a panel of trustees and bankruptcy lawyers at the Suffolk County Bar Association in November 2007.
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The Sub-Prime Mortgage Meltdown
Suffolk Lawyer, November 2007
Written by Craig D. Robins, Esq.
Discusses the financial crisis caused by sub-prime mortgages and presents the problem in a nutshell, including ways that consumer bankruptcy attorneys can assist their clients.
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Determining Household Size for the Means Test
Suffolk Lawyer, October 2007
Written by Craig D. Robins, Esq.
Discusses ways to interpret the requirement to indicate family size on the means test considering that there are many non-traditional living arrangements.
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NY Court of Appeals Judge Robert S. Smith Visits Domus
Nassau Lawyer, October 2007
Written by Craig D. Robins, Esq.
Details New York Court of Appeals Judge Robert S. Smith, who was the honoree at the 2007 annual Theodore Roosevelt Inn of Court Dinner hosted by Craig D. Robins.
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Life After Bankruptcy: Getting Credit Has Become Too Easy
Suffolk Lawyer, September 2007
Written by Craig D. Robins, Esq.
Discusses getting credit after bankruptcy, the credit rating concept, and study showing ease in obtaining post-petition credit.
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No Proof that Credit Counseling Requirement is Working
Suffolk Lawyer, June 2007
Written by Craig D. Robins, Esq.
Discusses Government Accounting Office study showing that credit counseling requirement might not be working.
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Filing for Bankruptcy Does Not Create Tax Consequences
Suffolk Lawyer, May 2007
Written by Craig D. Robins, Esq.
Addresses the tax consequences of filing for bankruptcy, the concept of taxes on imputed income from debt settlement, and the exemption for tax refunds.
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Keeping Track of Dollar Amounts and Key Dates in the New Law
Suffolk Lawyer, April 2007
Written by Craig D. Robins, Esq.
Discusses recent 2007 amendments to BAPCPA which change dates and dollar amounts in statute; Provides information on the most common Bankruptcy Code provisions which contain dates and amounts, to help you avoid confusion.
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Proposed Attorney Discipline Program Spells Further Anxiety for Counsel
Suffolk Lawyer, March 2007
Written by Craig D. Robins, Esq.
Discusses new Attorney Disciplinary Program proposed by American Bar Association.
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Judge Stan Bernstein Announces his Resignation
Suffolk Lawyer, February 2007
Written by Craig D. Robins, Esq.
Discuses Central Islip Bankruptcy Court Judge Stan Bernstein's surprise announcement of his decision to leave the bench to resume teaching law.
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Chief Bankruptcy Judge Melanie Cyganowski Stepping Down
Suffolk Lawyer, January 2007
Written by Craig D. Robins, Esq.
Discusses the surprise announcement of Central Islip Bankruptcy Judge Melanie Cyganowski to retire and return to practicing law.
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Best Practices for Representing Your Clients
Suffolk Lawyer, December 2006
Written by Craig D. Robins, Esq.
Discusses standards that bankruptcy attorneys should maintain in representing their clients, as set by the American College of Bankruptcy.
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Bankruptcy Judges Convene to Discuss New Bankruptcy Laws on their One Year Anniversary
Suffolk Lawyer, November 2006
Written by Craig D. Robins, Esq.
Discusses recent symposium in which all bankruptcy judges in the Eastern District of New York appeared to share views of the new bankruptcy laws that are now one year old.
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Recent Decision Summarizes Consumer Debtor’s Obligation to Retain Documents and Explain Pre-Petition Loss of Assets
Suffolk Lawyer, October 2006
Written by Craig D. Robins, Esq.
Discusses very interesting recent Judge Stong decision which stated that consumer debtors have a lesser responsibility to retain financial documents.
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Samuel Alito Is First U.S. Supreme Court Justice to Visit Domus
Nassau Lawyer, October 2006
Written by Craig D. Robins, Esq.
Details United States Supreme Court Justice Samuel A. Alito, Jr., who was the honoree at the 2006 annual Theodore Roosevelt Inn of Court Dinner hosted by Craig D. Robins.
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Random Audits of Consumer Debtors to Begin in October
Suffolk Lawyer, September 2006
Written by Craig D. Robins, Esq.
Discusses all aspects of provision in new bankruptcy law that requires random and targeted audits of consumer debtors.
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The New Bankruptcy Laws: Some Pieces are Falling Into Place
Suffolk Lawyer, June 2006
Written by Craig D. Robins, Esq.
Discusses recent Bar Association Seminar in which panelists discuss their perspectives under the 2005 Bankruptcy Act.
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Matrimonial Fundamentals Under the New Bankruptcy Laws
Suffolk Lawyer, May 2006
Written by Craig D. Robins, Esq.
Discusses different types of matrimonial debts and whether they are dischargeable under the new bankruptcy laws, and reviews other aspects of matrimonial obligations as they pertain to bankruptcy proceedings.
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The New Bankruptcy Laws Continue to Be Mired in Controversy
Suffolk Lawyer, April 2006
Written by Craig D. Robins, Esq.
Discusses criticism and controversy over various aspects of BAPCPA as provided by judges in written decisions, and by commentators.
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The New Credit Counseling Requirement: How to Deal with It, Cases Interpreting It, News About It, and Practical Tips
Suffolk Lawyer, March 2006
Written by Craig D. Robins, Esq.
Discusses basically everything you need to know about the controversial new credit counseling law.
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The 2005 Bankruptcy Amendment Act: Winners and Loser. Did the Credit Card and Banking Industries Get What They Bargained For?
Nassau Lawyer, March 2006
Written by Craig D. Robins, Esq.
Discusses who benefits from the new laws and who does not, ranging from consumers to secured lenders to trustees to bankruptcy attorneys to credit card companies.
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Bankruptcy Update: The new Laws Are Not Popular
Suffolk Lawyer, February 2006
Written by Craig D. Robins, Esq.
Addresses criticism about the new bankruptcy laws from attorneys, trustees and judges. Discusses the first local attorney sanctioned for neglecting to properly assist clients with the credit counseling requirement.
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Attorney Advertising Under the New Bankruptcy Laws
Suffolk Lawyer, January 2006
Written by Craig D. Robins, Esq.
Discusses concept of attorneys as "Debt Relief Agencies" under the new laws and new requirements for bankruptcy attorneys who advertise.
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Nine New Year's Resolutions Consumer Bankruptcy Practitioners Should Make
Suffolk Lawyer, December 2005
Written by Craig D. Robins, Esq.
Contains Craig's suggestions for how consumer bankruptcy attorneys can resolve to better their practice
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Consumer Bankruptcy Debtors Face New Limitations for Repeat Filings
Suffolk Lawyer, November 2005
Written by Craig D. Robins, Esq.
Discusses changes to the automatic stay for repeat filers under the new laws, as well as changes to the length of time between debtors must wait before being eligible for discharge in a new case.
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Are You Ready for the New Bankruptcy Laws?
Nassau Lawyer, November 2005
Written by Craig D. Robins, Esq.
Addresses the essential concepts and issues concerning the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, which went into effect in October 2005.
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Bankruptcy Practice Under the New Laws
Suffolk Lawyer, October 2005
Written by Craig D. Robins, Esq.
Discusses the significant changes imposed by the new laws which went into effect this month.
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Consumer Bankruptcy Practice is Now Totally Changed
The Attorney of Nassau County, October 2005
Written by Craig D. Robins, Esq.
Discusses the new bankruptcy laws and its effect on attorneys who practice consumer bankruptcy law.
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Surprise Law Enactment – Homestead Exemption Increased
Suffolk Lawyer, September 2005
Written by Craig D. Robins, Esq.
Discusses increase in New York’s homestead exemption from $10,000 to $50,000, legislative background and practical tips.
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Protecting Your Client from Creditors Who Ignore the Discharge
Suffolk Lawyer, June 2005
Written by Craig D. Robins, Esq.
Discusses sanctions that can be awarded by the bankruptcy court against creditors who violate the order of discharge.
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Will the New Bankruptcy Laws Effectively Prevent You From Continuing Your Consumer Bankruptcy Practice?
Suffolk Lawyer, May 2005
Written by Craig D. Robins, Esq.
Discusses the difficulties consumer bankruptcy practitioners will face under the harsh new laws, considering the law’s complexity, its new due diligence requirements, and sanctions for violations.
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Consumer Bankruptcy: Bankruptcy Reform is Finally Here. Get Your Clients to File Now!
Suffolk Lawyer, April 2005
Written by Craig D. Robins, Esq.
Discusses the urgency for consumer bankruptcy practitioners to get their clients to file for bankruptcy relief before the harsh new bankruptcy laws become effective in October 2005.
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What Happens If Your Personal Injury Client Files for Bankruptcy
Nassau Lawyer, April 2005
Written by Craig D. Robins, Esq.
Addresses issues facing a plaintiff’s personal injury attorney when their personal injury client files for bankruptcy, and reviews bankruptcy fundamentals that negligence lawyers should be aware of.
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You Better Hurry Up and File Those Bankruptcy Petitions
The Attorney of Nassau County, April 2005
Written by Craig D. Robins, Esq.
Discusses the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, signed into law on April 20, 2005, which will become effective in October 2005.
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Consumer Bankruptcy: Discharging Gambling Debts: 10 Points to Know
Suffolk Lawyer, March 2005
Written by Craig D. Robins, Esq.
Discusses concepts involved with discharging gambling debts in consumer bankruptcy cases and helping clients who have gambling debt problems.
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Consumer Bankruptcy: Five Bankruptcy Practice Pointers to Deal with the Effects of the Real Estate Boom
Suffolk Lawyer, February 2005
Written by Craig D. Robins, Esq.
Discusses several concepts that the bankruptcy practitioner should consider with today’s booming real estate market, including issues involving which chapter to file, real estate valuations, aggressive Chapter 7 trustees, and non-bankruptcy options.
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Ten Bankruptcy Fundamentals the Matrimonial Attorney Should Know
Nassau Lawyer, February 2005
Written by Craig D. Robins, Esq.
Discusses important bankruptcy concepts that the matrimonial attorney should know about bankruptcy. Note: The 2005 Bankruptcy Amendment Act has made some of the information in this article obsolete.
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Bankruptcy: What the General Practitioner Should Know about Chapter 11 (Part 3)
Suffolk Lawyer, January 2005
Written by Craig D. Robins, Esq.
Conclusion of three-part article about Long Island Chapter 11 practice and procedure, with a discussion of claims and confirmation of the plan.
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Is Bankruptcy As We Know It Almost Dead?
The Attorney of Nassau County, January 2005
Written by Craig D. Robins, Esq.
Discusses the vigorous efforts in Congress to drastically alter the Bankruptcy Code to make it more difficult for consumers to discharge their debts. Reviews some of the legislative activity over the prior six years to overhaul the bankruptcy laws.
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Bankruptcy: What the General Practitioner Should Know about Chapter 11 (Part 2)
Suffolk Lawyer, December 2004
Written by Craig D. Robins, Esq.
Continuation of three-part article about Long Island Chapter 11 practice and procedure with this part containing a discussion of some initial procedural issues, the debtor's chapter 11 obligations, and chapter 11 motions practice.
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Real Estate Financing Options for Your Bankruptcy Clients
The Attorney of Nassau County, December 2004
Written by Craig D. Robins, Esq.
Discusses what types of mortgages that debtors emerging from bankruptcy can qualify for, and how Chapter 13 debtors who are still in a pending case can refinance.
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Bankruptcy: What the General Practitioner Should Know about Chapter 11 (Part 1)
Suffolk Lawyer, November 2004
Written by Craig D. Robins, Esq.
First part of a of three-part article about filing Chapter 11 bankruptcy on Long Island, with this part containing a discussion how Chapter 11 compares with other chapters, when Chapter 11 should be utilized, how the Chapter 11 attorney works, and what happens upon filing.
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Defending Motions to Lift the Stay
Nassau Lawyer, November 2004
Written by Craig D. Robins, Esq.
Discusses the various court rules a mortgagee must adhere to in order to properly bring a motion to lift the stay, and reviews defenses that consumer debtors’ attorneys can bring to defend such motions.
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Consumer Bankruptcy: Bankruptcy Crime Does Not Pay
Suffolk Lawyer, October 2004
Written by Craig D. Robins, Esq.
Discusses the increased efforts of the Office of the United States Trustee to investigate bankruptcy crime, with a highlight about some interesting bankruptcy cases involving bankruptcy crime.
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Being Haunted by the Vampire Bankruptcy Bill: It's Just Politics
Nassau Lawyer, October 2004
Written by Craig D. Robins, Esq.
Discusses the history of the past seven years of legislative efforts in Congress to change and reform the bankruptcy laws.
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Judge Judith Kaye is Honoree at Theodore Roosevelt Inn of Court Annual Dinner. New York's Highest Judge Honored by Local Attorneys
Nassau Lawyer, October 2004
Written by Craig D. Robins, Esq.
Details Chief Judge Judith S. Kaye of the New York State Court of Appeals, who was the honoree at the 2004 annual Theodore Roosevelt Inn of Court Dinner hosted by Craig D. Robins.
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Consumer Bankruptcy: Bankruptcy has Become a Middle Class Phenomenon
Suffolk Lawyer, September 2004
Written by Craig D. Robins, Esq.
Discusses recent findings that those people who are most likely to file for consumer bankruptcy are middle-class families of the baby-boomer generation, which is the typical Long Island family.
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Everything That Can Go Wrong With the Meeting of Creditors. Part Three: More Problems and Dilemmas
Suffolk Lawyer, June 2004
Written by Craig D. Robins, Esq.
Conclusion of a three-part article containing valuable practice pointers for resolving common problems that can come up at the meeting of creditors, also known as the section 341 hearing.
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A Primer on Adversary Proceedings
Nassau Lawyer, June 2004
Written by Craig D. Robins, Esq.
Addresses the various types of law suits called adversary proceedings that can be brought within a consumer bankruptcy case including objections to discharge.
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Everything That Can Go Wrong With the Meeting of Creditors. Part Two: Issues with the Trustee
Suffolk Lawyer, May 2004
Written by Craig D. Robins, Esq.
Continuation of a three-part article containing valuable practice pointers for resolving common problems that can come up at the meeting of creditors, also known as the section 341 hearing, with a focus on issues involving the trustee.
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Everything That Can Go Wrong With the Meeting of Creditors. Part One: Common Problems
Suffolk Lawyer, April 2004
Written by Craig D. Robins, Esq.
Beginning of a three-part article containing valuable practice pointers for resolving common problems that can come up at the meeting of creditors, also known as the section 341 hearing.
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Consumer Bankruptcy: Handling the Emergency Filing
Suffolk Lawyer, March 2004
Written by Craig D. Robins, Esq.
Discusses the issues involved with filing a bankruptcy petition on an emergency basis.
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Nine Tips to Protect Your Clients From the U.S. Trustee Initiative Program
Nassau Lawyer, March 2004
Written by Craig D. Robins, Esq.
Addresses a new objective of the U.S. Trustee’s Office to investigate and red-flag consumer bankruptcy cases for further review if they meet certain criteria which might be indicative of an abusive filing.
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Consumer Bankruptcy: The 2004 Congress Moves Quickly to Toughen Bankruptcy Laws
Suffolk Lawyer, February 2004
Written by Craig D. Robins, Esq.
Discusses continued efforts of Congress to reform the bankruptcy laws and its effect on filing bankruptcy on Long Island.
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Consumer Bankruptcy Update
Suffolk Lawyer, December 2003
Written by Craig D. Robins, Esq.
Provides an update on various issues affecting Long Island bankruptcy filing such as the status of legislative action, new electronic case filing requirements, changes to bankruptcy forms, filing fee increases, and the U.S. Trustee Civil Initiative Program.
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New Bankruptcy Legislation: A Rocky Road
Nassau Lawyer, December 2003
Written by Craig D. Robins, Esq.
Discusses the legislative history of the efforts of the bankruptcy reform movement over the past five years and examines the potential impact of bankruptcy reform on consumer bankruptcy practice.
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