Although a Consumer Chapter 7 Bankruptcy is intended to provide a "fresh start" for debtors, not all debts are dischargeable in bankruptcy. In the matter of Northbay Wellness Group, Inc. v. Beyries, 2015 U.S. App. LEXIS 9397 (9th Cir. Cal. June...
The Truth in Lending Act, 15 U.S.C. §1601 et seq (TILA) was intended to protect consumers in consumer credit transactions and requires that lenders provide consumer borrowers with full disclosure of the terms and conditions of the loans they make,...
In the Matter of Santiago-Monteverde, what appeared to be a simple Chapter 7 Consumer Bankruptcy, was ultimately decided in the Debtor’s favor of by the United States Second Circuit Court of Appeals. Its decision was based upon the advisory opinion...
New Jersey Foreclosures Which Once Took Several Years Can Now Be Completed In Six Months. Loan Modification May Still Offer Multiple Options to Homeowners After Service of the Foreclosure Complaint. Homeowners Seeking Modification Who Are Served With a Foreclosure Complaint...
Careful planning before filing a bankruptcy petition often determines the outcome of the proceeding. For this reason, mammoth corporations and individuals who have very substantial assets devote as much time to planning for a bankruptcy filing as they do for...
The Judicial Conference of the United States Courts approved amendments to the fees applicable in New Jersey and all Bankruptcy Court cases. The increases below go into effect June 1, 2014. FILING FEES FOR BANKRUPTCY PETITIONS: Chapter 7 Petition...
The Decline of NJ Home Prices Now Allows Many Homeowners to Use Bankruptcy to Wipe Out Credit Card Debt. The value of home prices in Middlesex County, New Jersey, almost doubled in less than ten years between 1997 and 2007....
Since 2007, homeowners who conducted short sales and other loss mitigation alternatives on their properties were able to exempt any income associated with their mortgage company's write-off of any debt under the federal mortgage forgiveness act. However, Congress allowed the...
Using Your Rights and Remedies Under the Fair Debt Collection Practices Act to Prevent Debt Collector Abuse. Telephone harassment by junk debt collectors who buy fragmentary information about alleged old debt for about two cents on the dollar and then...
Question: Can a Debt that Arises from a Divorce Proceeding ever be Discharged in a Bankruptcy Case? A. Yes. Although, as discussed further, debts which are in the nature of “alimony, maintenance, and support” (“Domestic Support Obligations”) cannot be...
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