Chapter 7 Bankruptcy Case Highlights Conflict of Public Policy in Bankruptcy Code
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 to achieve two objectives which frequently conflict with one another. ...

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Chapter 7 Bankruptcy:  Failure to Discharge Judgment Liens Can Be Costly Error
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 7 or Chapter 13 Bankruptcy Petition diligently do their "homework"...

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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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New Jersey Bankruptcy Court Denies Discharge to Debtor Who Signed Blank Chapter 7 Petition
New Jersey Bankruptcy Court Denies Discharge to Debtor Who Signed Blank Chapter 7 Petition

When a bankruptcy petition is filed, a debtor must sign a Declaration Concerning Debtor’s Schedules which states: “ I declare under penalty of perjury that I have read the foregoing summary and schedules, consisting of __ sheets, and that they...

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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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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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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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Debtors Seeking Bankruptcy Protection to Prevent Foreclosure Should Be Governed by Reason and Planning, Not Emotion
Debtors Seeking Bankruptcy Protection to Prevent Foreclosure Should Be Governed by Reason and Planning, Not Emotion

Careful planning before filing a bankruptcy petition often determines the outcome of the proceeding. For this reason, mammoth corporations and individuals who have very substantial assets devote as much time to planning for a bankruptcy filing as they do for...

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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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Chapter 7 Personal Bankruptcy Avoids Foreclosure Deficiency Judgments & Short Sale Personal Income Taxes
Chapter 7 Personal Bankruptcy Avoids Foreclosure Deficiency Judgments & Short Sale Personal Income Taxes

Chapter 7 Personal Bankruptcy Q & A: How Does a Chapter 7 Consumer Bankruptcy Effect Mortgage Foreclosure, Deficiency Judgments, Short Sales, Deeds In Lieu of Foreclosure & Personal Income Taxes. Mortgage Foreclosure - A Chapter 7 Bankruptcy Discharge DOES NOT...

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