There Are No Debtors’ Prisons in America But Disobeying a Court’s Order Can Get You Locked Up!
There Are No Debtors’ Prisons in America But Disobeying a Court’s Order Can Get You Locked Up!

A recent story about a Fox26 News - Student Loan Nightmare in the New York Times about a man who owed a $1,500.00 student loan debt provides an example of why debtors may wrongly believe that failure to pay a...

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Bankruptcy News: Phone Scammers Targeting Bankruptcy Filers
Bankruptcy News: Phone Scammers Targeting Bankruptcy Filers

Phone scamming from public information is becoming more and more prevalent with the access to information through online resources.   We have seen firsthand the impact of phone scams involving the IRS and other debt collection matters. Now, a recent scam...

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NJ Foreclosure Defense:  Violations of the Truth in Lending Act (TILA) as a Defense to Foreclosure
NJ Foreclosure Defense: Violations of the Truth in Lending Act (TILA) as a Defense to Foreclosure

Violations of the Truth in Lending Act (“TILA”) as a Defense to Mortgage Foreclosure Limited to Three Years After the Date of the Loan The Truth in Lending Act (“TILA”) was enacted by Congress "to assure a meaningful disclosure of credit...

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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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Foreclosure Defense – Four Frequently Made Mistakes by Homeowners Seeking to Prevent the Loss of their Home
Foreclosure Defense – Four Frequently Made Mistakes by Homeowners Seeking to Prevent the Loss of their Home

Foreclosure defense and bankruptcy lawyers are - in one very important way - like plumbers.  It is almost always true that the sooner you hire one, the the better the result of the work they do.  People facing foreclosure often...

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Bankruptcy & Foreclosure Resulting From ‘Financial Infidelity’ – The Plight of the Deceived Spouse
Bankruptcy & Foreclosure Resulting From ‘Financial Infidelity’ – The Plight of the Deceived Spouse

For over three decades we have represented consumer debtors before the United States Bankruptcy Court and the Courts of the State of New Jersey.  On occasion, the serious debt problems of our clients resulted from being deceived about money that...

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Filing a Chapter 7 Consumer Bankruptcy: Look Very Carefully Before You Leap to Avoid Very Unpleasant Surprises
Filing a Chapter 7 Consumer Bankruptcy: Look Very Carefully Before You Leap to Avoid Very Unpleasant Surprises

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...

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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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Short Sales Benefit Realtors But Homeowners Should Consult Experienced Attorney
Short Sales Benefit Realtors But Homeowners Should Consult Experienced Attorney

Short Sales Benefit Realtors But May Not Benefit Homeowners Who Should Be Fully Informed About Alternatives Such As Chapter 7 Bankruptcy and the Possible Tax Consequences of a Short Sale Nearly every homeowner facing foreclosure receives notices from their mortgage...

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