Attorney Cannot Discharge Malpractice Judgment in Bankruptcy By Claiming He Was Clueless
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 available assets, if any, to creditors and discharging debts "unhampered...

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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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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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Bankruptcy & Foreclosure Prevention: Avoiding Claims for Forced Placed Insurance
Bankruptcy & Foreclosure Prevention: Avoiding Claims for Forced Placed Insurance

A decision of the United States Bankruptcy Court for the Western District of Pennsylvania provides a clear example of why homeowners who become delinquent on their mortgage payments and seek to find a remedy to prevent the loss of their...

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FAQ: Divorce and Bankruptcy: Can a Debt that Arises from a Divorce Proceeding ever be Discharged in a Bankruptcy Case?
FAQ: Divorce and Bankruptcy: Can a Debt that Arises from a Divorce Proceeding ever be Discharged in a Bankruptcy Case?

Question:  Can a Debt that Arises from a Divorce Proceeding ever be Discharged in a Bankruptcy Case? A.  Yes.    Although, as discussed further, debts which are in the nature of “alimony, maintenance, and support” (“Domestic Support Obligations”) cannot be...

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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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New Jersey Bankruptcy Means Test Figures
New Jersey Bankruptcy Means Test Figures

The U.S. Trustee Program has posted the means test figures that are to be used for filings on and after November 1.   New Jersey Median income figures are there and can be reviewed for comparison for qualification for Chapter...

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