Attorneys in Phelps

New York bankruptcy automatic stay (11 U.S.C. § 362) immediately halts most collection actions, lawsuits, foreclosures, and wage garnishments the moment a bankruptcy is filed.

New York businesses can use Chapter 11 to reorganize debt while continuing operations. Subchapter V (small-business) streamlines for businesses with debt under ~$7.5M.

New York arbitration clauses are widely enforced under the Federal Arbitration Act (FAA) — but unconscionability, class-action waiver issues, and the 2022 EFAA (sexual-harassment carve-out) limit some clauses.

New York breach-of-contract claims require valid contract + breach + damages — but most cases turn on what damages can be proved, not whether breach occurred.

Your federal constitutional rights apply if you're arrested in New York — Miranda, right to remain silent, right to counsel. Phone-call rule: Reasonable opportunity to make 3 phone calls.

New York assault charges: simple assault is typically Class A misdemeanor up to 1 yr (3rd-degree); aggravated forms can reach up to 25 yrs (1st-degree).

New York DUI breath-test results can be challenged on calibration, maintenance, operator error, mouth alcohol, and machine reliability — successful challenges have led to thousands of dismissals nationally.

New York commercial driver's license (CDL) holders face stricter DUI rules — 0.04% BAC limit (half of regular drivers) plus career-ending consequences for ANY DUI in any vehicle.

New York disabled employees are protected by the federal ADA (15+ employees) + state law — employers must engage in interactive process + provide reasonable accommodations unless undue hardship.

New York workers age 40+ are protected by the federal ADEA + state law from age discrimination — but the Supreme Court's Gross v. FBL standard requires "but-for" causation, making cases harder than other discrimination claims.

New York asset protection involves layering — exemption planning, business entities, retirement accounts, and (for some) Domestic Asset Protection Trusts (DAPTs) in DAPT-friendly states.

New York blended families need careful estate planning to avoid disinheriting biological children when surviving spouse remarries — QTIP trusts, life insurance, and specific structures address the conflict.

New York adoption involves consent rules, a court-supervised home study, and (for newborn adoptions) a state-specific revocation window. 30 days for extrajudicial consent; judicial consent immediately irrevocable.

New York calls it maintenance. NY uses a statutory formula for both temporary and post-divorce maintenance, with durational guidelines tied to marriage length (15-30% of marriage for marriages under 15 years; 30-40% for 15-20 years; 35-50% for 20+).

Asylum is governed by federal law but cases are heard in the immigration court closest to where the applicant lives. New York (Manhattan), Varick Street (detention), and Buffalo Immigration Courts.

New York immigrants in removal proceedings may qualify for cancellation of removal — relief that allows long-term residents (LPRs and certain non-LPRs) to avoid deportation and obtain green cards.

Copyright is purely federal — registered with the U.S. Copyright Office, enforced through federal district courts. New York infringement cases are filed in U.S. District Courts for the Southern.

New York creators using copyrighted material need fair-use analysis — four-factor test (purpose, nature, amount, market effect) determines whether use is lawful without permission.

New York amusement park / ride / water park injuries can lead to negligence, premises liability, and product-liability claims — but liability waivers and federal CPSC reporting create complications.

New York aviation-accident claims involve federal aviation law, FAA / NTSB investigations, multiple potential defendants, and (for international flights) treaties like the Montreal Convention.

New York 1031 like-kind exchanges defer capital gains tax on real-estate sales when proceeds reinvest in similar property — strict 45/180-day deadlines + qualified intermediary required.

New York adverse possession requires 10 years of continuous, open, hostile, exclusive, and notorious possession.

New York spouses who filed joint returns can escape responsibility for tax debts caused by the other spouse — through innocent spouse, separation of liability, or equitable relief.

New York taxpayers facing IRS audits should know — most audits are correspondence (mail-only), 3-year SOL is standard, and you have appeal + Tax Court rights at every step.