Debt Collector’s Right to Sue New Jersey Debtor Cut Off Three Years After Default  When Credit Card Agreement Subject to Delaware Law
Debt Collector’s Right to Sue New Jersey Debtor Cut Off Three Years After Default When Credit Card Agreement Subject to Delaware Law

A recent case was decided in favor of a New Jersey Debtor by the Third Circuit Court of Appeals where a "Debt Collector" violated the Fair Debt Collection Practices Act ("FDCPA") and New Jersey New Jersey Consumer Fraud Act ("CFA")...

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Bankruptcy FAQ: New Median Income Figures for New Jersey Bankruptcy Cases Effective April 1, 2018
Bankruptcy FAQ: New Median Income Figures for New Jersey Bankruptcy Cases Effective April 1, 2018

The U.S. Trustee Program has announced new 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...

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What Chapter 11 Bankruptcies Filed by a Toy Retailing Giant & Kabbalah Taxi Have In Common ?
What Chapter 11 Bankruptcies Filed by a Toy Retailing Giant & Kabbalah Taxi Have In Common ?

Two Interesting examples of how the internet is destroying  business both big and small are the Chapter 11 Petitions filed by Toys R Us and Kabbalah Taxi Inc. The provisions of the Automatic Stay of the  Bankruptcy Code, 11 U.S....

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Foreclosure Prevention Scammer Targeted NJ Homeowners & Investors
Foreclosure Prevention Scammer Targeted NJ Homeowners & Investors

Why Have Foreclosure Prevention Scam Artists Been Able to Convince Many Home Owners That They Would Save their Homes The foreclosure prevention scam described in the recent decision of the United States Court of Appeal for the Third Circuit, United...

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Foreclosure Q & A –  Why Are Children of a Deceased Parent Named As Defendants in a Foreclosure Complaint  Against the Parent’s Home?
Foreclosure Q & A – Why Are Children of a Deceased Parent Named As Defendants in a Foreclosure Complaint Against the Parent’s Home?

Being served with a foreclosure complaint is an anxious experience for anyone, but in most cases it is not unexpected. The person served with the complaint knows that they have been served because the mortgage payments on their property are...

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Bankruptcy FAQ: 2017 Chapter 13 Debt Limits
Bankruptcy FAQ: 2017 Chapter 13 Debt Limits

  Bankruptcy Code Chapter 13 Debt Limits Section 109(e) of the Bankruptcy Code establishes debt limits for a debtor, or married couple, to qualify for relief under Chapter 13 of the Code.   As with many monetary amounts in the...

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New Jersey Foreclosure Defense 101 – Pro Se Answer to Foreclosure Complaint Is Almost Always Useless at Best
New Jersey Foreclosure Defense 101 – Pro Se Answer to Foreclosure Complaint Is Almost Always Useless at Best

  Most Pro Se Answers Filed by Defendants in New Jersey Foreclosure Proceedings Are a Waste of Money and Precious Time Defendants in New Jersey foreclosure proceedings sometimes file a a pro se answer to the foreclosure complaint without consulting...

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Did Obama Care Cause the Continuing Decline of Consumer Bankruptcy Filings
Did Obama Care Cause the Continuing Decline of Consumer Bankruptcy Filings

Bankruptcy filings have dropped from 1,536,799 in 2010 to 770,846 in 2016. How Much of the Decline Was the Result of the Affordable Care Care Act.? In an article “How the Affordable Care Act Drove Down Personal Bankruptcy” dated May...

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Chapter 13 Bankruptcy Debtor Required to Dispute Legally Unenforceable Proof of Claim
Chapter 13 Bankruptcy Debtor Required to Dispute Legally Unenforceable Proof of Claim

Supreme Court Holds that Debt Collector Who Filed a Claim in the Bankruptcy Court Barred by the Statue of Limitations Did Not Violate the Fair Debt Collection Practices Act, 15 U. S. C. §1692 et seq. In Midland Funding, v....

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Chapter 7 Bankruptcy Case and New Jersey Wage Garnishments
Chapter 7 Bankruptcy Case and New Jersey Wage Garnishments

  Bankruptcy Court Holds Consumer Debtor’s Wages, Garnished Within 90 Day Period Prior to Filing Chapter 7 Bankruptcy, Are a Preference A recent decision, Tower Credit, Inc. v. Schott (In re Jackson), 2017 U.S. App. LEXIS 4369, is highlights one...

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