New Jersey Foreclosure:  Sheriff Sale Adjournments
New Jersey Foreclosure: Sheriff Sale Adjournments

Effective July 2019, Critical changes to NJ Law on Adjournments of Sheriff Sales For many years, New Jersey property owners who wished to adjourn - or delay - a Sheriff’s Sale of their property acted under a long-standing New Jersey...

READ MORE
Supreme Court Rules on Bankruptcy Case Involving Automatic Stay
Supreme Court Rules on Bankruptcy Case Involving Automatic Stay

In Ritzen Group, Inc. v. Jackson Masonry, , 589 U.S. ___ (2020), the United States Supreme Court unanimously ruled that where a creditor seeks "relief" from the "automatic stay" in a bankruptcy case and is denied that relief, the creditor...

READ MORE
Third Circuit Holds that Auto Loan Company Did Not Violate Bankruptcy Automatic Stay by Refusing to Return Chapter 13 Debtor Vehicle
Third Circuit Holds that Auto Loan Company Did Not Violate Bankruptcy Automatic Stay by Refusing to Return Chapter 13 Debtor Vehicle

In a ruling which is sure to have future implications, the Third Circuit Court of Appeals, in In re: Denby-Peterson, No. 18-3562 (3d Cir. 2019), that a secured creditor does not have an affirmative obligation under the automatic stay to...

READ MORE
Chapter 7 Bankruptcy Case Analysis
Chapter 7 Bankruptcy Case Analysis

How a Chapter 7 Trustee may settle (or not settle) claims of a Chapter 7 Bankruptcy Debtor A recent case out of a Bankruptcy Court in Massachusetts highlights some important rights and restraints of a Chapter 7 Bankruptcy Trustee. In...

READ MORE
Bankruptcy FAQ: Median Income Figures for New Jersey Bankruptcy Cases Effective November 1, 2019
Bankruptcy FAQ: Median Income Figures for New Jersey Bankruptcy Cases Effective November 1, 2019

The U.S. Trustee Program announces Means Testing Data for Bankruptcy Cases. The median income for each family size for a Debtor (or married Debtors) to qualify for a Chapter 7 New Jersey Bankruptcy Case for cases filed on or after...

READ MORE
Court Holds IRS, Which Violated Automatic Stay, Must Pay Bankruptcy Debtors Damages For Emotional Distress
Court Holds IRS, Which Violated Automatic Stay, Must Pay Bankruptcy Debtors Damages For Emotional Distress

The United States Bankruptcy Code, when used in a timely and systematic way, is a powerful law that may allow both consumer and business debtors to wipe out some debts and to substantially restructure others.  To protect the filing debtor...

READ MORE
Chapter 7 Bankruptcy: List it or Lose It: Debtor Who Fails to Disclose Claim May Lose That Claim
Chapter 7 Bankruptcy: List it or Lose It: Debtor Who Fails to Disclose Claim May Lose That Claim

One of the first things we advise all of our clients about filing bankruptcy is the requirement that a debtor disclose all required information.   Whether filing a Chapter 7 Bankruptcy, Chapter 11 Bankruptcy or Chapter 13 Bankruptcy, the Bankruptcy...

READ MORE
U.S. Supreme Court Holds Chapter 7 Bankruptcy Debtor Who Deceived Attorneys Can Discharge Fees Owed
U.S. Supreme Court Holds Chapter 7 Bankruptcy Debtor Who Deceived Attorneys Can Discharge Fees Owed

"Honestly is the best policy”.   While the origins of the phrase are arguably linked to Thomas Jefferson, Benjamin Franklin, and even as far back as William Shakespeare, recent history and daily events lead many to believe that those whose conduct...

READ MORE
Gillman & Gillman Will be Closed on Monday, May 28, 2018, In Observance of Memorial Day
Gillman & Gillman Will be Closed on Monday, May 28, 2018, In Observance of Memorial Day

Gillman & Gillman, , will be closed on Monday, May 28, 2018, in observance of Memorial Day.   We wish to offer our thanks to those who have dedicated and sacrificed their lives in service of this country.

READ MORE
“Life in the Sweatbox”: Debtors Frequently Struggle for Years Before Filing Bankruptcy
“Life in the Sweatbox”: Debtors Frequently Struggle for Years Before Filing Bankruptcy

Banks, consumer lenders, and the politicians who enjoy their financial support, often argue that those seeking a fresh start in the Bankruptcy Courts seek to discharge their debt when they encounter the slightest bump in the financial road.  They contend that...

READ MORE