Personal Bankruptcy

"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 daily events lead many to believe that those whose conduct...

Banks, consumer lenders, and the politicians who enjoy their financial support, often argue that those seeking a fresh start in the Bankruptcy Courts seek to discharge their debt when they encounter the slightest bump in the financial road.  They contend that...

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...

  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...

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...

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....

  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...

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 to achieve two objectives which frequently conflict with one another. ...

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 7 or Chapter 13 Bankruptcy Petition diligently do their "homework"...

Owning and operating a small business is, for many, the American Dream.  Unfortunately, the dream has become a nightmare of inescapable debt for many those who have retained us to represent them because they did not understand the “spill-over” consequences...