Supreme Court Rules on Bankruptcy Case involving automatic stay
In Ritzen Group, Inc. v. Jackson Masonry, LLC, 589 U.S. ___ (2020), the United States Supreme Court unanimously ruled that where a creditor seeks “relief” from the “automatic stay” in…
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…
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…
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…
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…
Chapter 7 Bankruptcy Case Highlights Conflict of Public Policy in Bankruptcy Code
Former CEO Who Filed Chapter 7 Personal Bankruptcy Denied Discharge of Debt Owed to Employees by Insolvent Corporation The Bankruptcy Code provisions relating to a Chapter 7 Bankruptcy case seek…
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Chapter 7 Bankruptcy: Failure to Discharge Judgment Liens Can Be Costly Error
A case decided by the Bankruptcy Appellate Panel of the Sixth Circuit, In re: McCoy, No. 15-8056 (6th Cir. 2016), illustrates why New Jersey attorneys representing debtors filing a Chapter…
New Jersey Foreclosure Dismissed Based on Statute of Limitations: The “Free House” Debate Continues
A Bergen County New Jersey Chancery Court has dismissed a mortgage foreclosure action ruling that the action was filed outside the Statute of Limitations. See Anim Investment Co. v. Shaloub,…
Attorney Cannot Discharge Malpractice Judgment in Bankruptcy By Claiming He Was Clueless
The provisions of the United States Bankruptcy Code are intended to provide fair and orderly relief for the “honest but unfortunate debtor” who can obtain a “fresh start” by distributing…
