Frequently Asked Questions About the Bankruptcy Act of 2005 (BAPCPA) & Divorce, Support, Marital Property and Debt. The General Information Provided Is NOT Legal Advice. A Petition Filed in the United States Bankruptcy May Substantially Affect Proceedings Before the Superior...
Q. Will My Friends, Neighbors, Employer or Others Find Out I Filled Bankruptcy ? A. Although petitions filed in the United States Bankruptcy Court are public records, the answer to that question is almost certainly NO, unless your are a...
A main issue in any Chapter 7 or Chapter 13 Bankruptcy case is the calculation of what is known as "current monthly income". This issue is the often the most important one in determining whether a debtor qualifies for...
A common question we get is "where will my case be filed"? Bankruptcy cases arise from the Federal Bankruptcy Code and therefore are heard and prosecuted in Federal Courts. In legal terms, this is called "jurisdiction". "Venue" is the legally...
The following is a short checklist of Tax Planning and Practice Strategies which may be followed by an attorney for an Individual considering the filing of a Chapter 7, Chapter 13, or Chapter 11 Bankruptcy. 1. Whether to File a Bankruptcy Case? The...
Yesterday, we posted information on the press release issued by the New Jersey Bankruptcy Court regarding the New Jersey Foreclosure Mediation Program and Bankruptcy Debtors which was posted online at http://www.njb.uscourts.gov/notice/2009_02_04_foreclosure.pdf. In that post, there was reference to a General Order...
When the Bankruptcy Code was changed in 2005, significant changes were made to the tax return filing requirements for Chapter 7 and Chapter 13 consumer bankruptcy debtors. The changes increased the need for a Debtor and their counsel to...
When a Chapter 7 or a Chapter 13 Bankruptcy is filed and a Sheriff's Sale of a property is scheduled, New Jersey Law does not necessarily require that the mortgage company cancel the Sheriff's Sale. Instead, the Plaintiff may adjourn...
Question: How can I deal with a rental property which is under-secured (value is less than the mortgage(s)) and for which I am not receiving sufficient rent and income to cover the mortgage and monthly expenses? One potential option in...
Attorneys Who Regularly Engage in Collecting Consumer Debts, Including Those Representing Mortgagees in Foreclosure Proceedings, Are Subject to the Fair Debt Collection Practices Act. The United States Supreme Court in the Matter of Heintz v. Jenkins, 514 U.S. 291, 294-95,...
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