Chapter 7 Bankruptcy Case and New Jersey Wage Garnishments
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…
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…
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…
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…
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…
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.…
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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…
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…
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…
