Bankruptcy Law & Unclean Hands: Do Two Wrongs Make a Right to Discharge a Debt?
Bankruptcy Law & Unclean Hands: Do Two Wrongs Make a Right to Discharge a Debt?

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...

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One Bankruptcy Petitioner Avoided Foreclosure and Got a Free House – But Don’t Get Your Hopes Up that You Can You Get One Too
One Bankruptcy Petitioner Avoided Foreclosure and Got a Free House – But Don’t Get Your Hopes Up that You Can You Get One Too

Our Office received a call recently from a property owner who had New Jersey Bankruptcy Court decision which awarded a free house to a Chapter 13 Bankruptcy petitioner.  He was convinced that the case he had read about was exactly...

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Supreme Court Agrees to Hear Bankruptcy Cases on Chapter 7 Junior Mortgage Stripping
Supreme Court Agrees to Hear Bankruptcy Cases on Chapter 7 Junior Mortgage Stripping

The United States Supreme Court has announced, by granting certiorari in two cases from the 11th Circuit, that it will decide an ongoing issue of whether a Debtor in a Chapter 7 Bankruptcy Case may strip off a junior lien...

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Bankruptcy Court Increase in Filing Fees Effective June 1, 2014
Bankruptcy Court Increase in Filing Fees Effective June 1, 2014

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...

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What Banks, Debt Collectors and Junk Debt Buyers Don’t Tell You About Settlement Agreements
What Banks, Debt Collectors and Junk Debt Buyers Don’t Tell You About Settlement Agreements

Credit Card Debt 'Forgiven', but not forgotten by the IRS We are often consulted by those who are very unpleasantly surprised when after having negotiated a settlement of the amount of the debt they owe, they receive a receive 1099-C...

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Can a Homeowner Use Bankruptcy to Eliminate Credit Card Debt in NJ?
Can a Homeowner Use Bankruptcy to Eliminate Credit Card Debt in NJ?

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....

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Mortgage Forgiveness Act Exemption Expired on December 31, 2013 And May Have Major Impact on Homeowners Decision to Pursue Bankruptcy in Foreclosure
Mortgage Forgiveness Act Exemption Expired on December 31, 2013 And May Have Major Impact on Homeowners Decision to Pursue Bankruptcy in Foreclosure

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...

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How Do I Stop Telephone Harassment by a Junk Debt Collector?
How Do I Stop Telephone Harassment by a Junk Debt Collector?

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...

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Bankruptcy filings fell in New Jersey 2012 continuing decline
Bankruptcy filings fell in New Jersey 2012 continuing decline

Based on recent statistical data, bankruptcy filings fell in 2012.   The article has some interesting trends about bankruptcy filings including a state-by-state analysis.   Filings in New Jersey Bankruptcy Court fell less than the national average.   While the...

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Case Analysis: Fifth Circuit excludes Social Security income from Chapter 13 PDI
Case Analysis: Fifth Circuit excludes Social Security income from Chapter 13 PDI

The Fifth Circuit Court of Appeals has held that a Chapter 13 debtor's Social Security income is not included in calculating the debtor's projected disposable income.  See In re Ragos, --- F.3d ----, 2012 WL 5292949 (5th Cir., Oct. 29, 2012)....

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