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I received a letter from the lawyers for the trustee stating that I need to amend my proof of claim to remove PTO time from the claim. I’m owed my final week’s pay.
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answered on Oct 28, 2024
On the Court form for a proof of claim, there is a box to check if it is an amended proof of claim. Fill it out, check the box and file it with the Court like you filed the original proof of claim. The amended claim should state the changed facts. When it is filed, it will automatically supersede... View More 
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answered on Oct 24, 2024
The Constable is coming to serve you with legal pleadings of some type. You are not going to be arrested. You need to retain an experienced civil litigation attorney to protect your rights. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a... View More
answered on Aug 14, 2024
Attorneys who handle estate-related matters could answer your question best, but you await a response for a week. Your question may have been overlooked in the general "Uncategorized" category. Although some questions do go unanswered on this forum, you could try reposting and adding the... View More
So I recently had my chapter 13 dismissed. I no longer needed the automatic stay for my apartment. My landlord had been receiving nj rental assistance without my knowledge. When I found out she was getting double rent, I stopped. I was given a STUDENT(yet to even take the bar) who wasn’t doing... View More
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answered on Jul 18, 2024
When your Chapter 13 bankruptcy is dismissed, creditors can resume their collection efforts, which includes reporting debts to credit bureaus. However, the seven-year statute for negative items on your credit report should start from the date of the original delinquency, not the date they reappear.... View More
I am trying to file Motion to vacate dismissal in chapter 11. can you help me out with proper forms etc. ?
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answered on Jul 18, 2024
To file a Motion to Vacate Dismissal in a Chapter 11 bankruptcy case, you need to act promptly. Begin by preparing a detailed explanation for the delay in filing your plan and supporting documents. It's important to show that the delay was due to unforeseen circumstances and that you have the... View More
For 6 months more for free...can you file bankruptcy in June and have a judgment in July...I need her out I could lose my house...plus her paperwork wasn't official documents...it was hand written
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answered on Jul 3, 2024
You need to retain an experienced Bankruptcy attorney to file a Motion to Vacate the automatic stay and if you have not done so already, then you need to have the attorney file a proof of claim. Once the automatic stay is vacated, then you need to retain a landlord tenant attorney to get this... View More
Technically divorced but the equitable distribution hasn’t be sorted through. Opposing party has large amount of back pay for marital and child related expenses. If I file bankruptcy will that mean he no longer owes me that money if I no longer owe the creditor due to bankruptcy?
And can... View More
answered on May 31, 2024
It would be irresponsible for any divorce lawyer to speculate as to what is and is not dischargeable in your particular bankruptcy matter and how a discharge may affect the distribution of assets. My suggestion is to schedule a meeting with a divorce lawyer to review all of the terms of your... View More
I have a small business set up as an S Corp in NJ. Took out a $130k EIDL loan as well as a $30k loan from my bank. Business is dying. Will the SBA be able to go after my personal assets if I close the business? No personal guarantee, only against collateral/inventory which is hard to sell right... View More
answered on Jan 26, 2024
This is actually an evolving area of the law. If you have no guarantee, the answer should be no. But, the SBA has been investigating whether proceeds were properly used. If you took the money for improper purposes, the US Attorney could come after you. But, there are so many of these loans, it... View More
New jersey , Does anyone have any experience in motion for summmary judgement , I am the defedant my oral argument is soon what do i say during this what questions will be asked? I'm New Jersey its a special civil case against junk debt collector velocity investements llc my argument is all... View More
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answered on Dec 8, 2023
In a motion for summary judgment in New Jersey, as the defendant, you should focus on demonstrating why the case should not be decided without a full trial. This typically involves showing that there are genuine disputes over key facts that require a trial to resolve. Against a junk debt collector... View More
i am lost the one yesterday i did mandoroty arbitration if you could please spare me a phone call I am a small one man copration with 1 employee and on the verge of bankruptsy there is 38,000.00 owed to me. i went after tthe customers homes with the leans she refused to sign for the cert mail. and... View More
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answered on Nov 9, 2023
You are going to need to retain an experienced civil litigation attorney. You are a corporate entity so you must retain counsel. In determining your choice of an attorney, there are many factors to consider, including but not limited to and you should look at how the attorney is you should also... View More
debt is $17k. It is my debt, but thought it was included in my debt modification loan with my other credit cards
answered on Aug 16, 2023
To be frank, it strains credulity that you, and/or they, could have overlooked a $17K debt in your restructure.
And while I generally agree with my colleagues who have previously submitted answers that it's always wise to consult experienced counsel BEFORE you jump into something,... View More
security and the NJ bankruptcy court and neither could tell if my debt was discharged.I read social security is usually discharged in a Chapter 7 but how can I confirm it was.Social security was listed as a creditor>
answered on Aug 12, 2023
Invariably, ime, bankruptcy courts enter an Order of general discharge that says little other than that the debtor is discharged from all "dischargeable claims". It will not specify whether any debt to the Social Security fund, or anyone else, has been discharged.
Use of Pacer... View More
It says If Tenant shall, (a) file for bankruptcy or for protection against Creditors under the laws of the United States or any state; (b) enter into an arrangement or composition amount creditors; or (c) have any insolvency or bankruptcy proceedings instituted against Tenant by a creditor; then... View More
answered on Jul 19, 2023
That is not how it works. You can assume your lease by agreeing to make payments going forward.
We are in a process of eviction right now. We have been to court 2 times already. We owe less than 5 thousand dollars and are willing to pay it because we have kids and can't afford any where else at the moment. We haven't sign the lease because of the money we owe. So my question is, can... View More
answered on Jul 13, 2023
Attorney fees for what? Your narrative is missing some important facts.
This judgment comes from a ch7 bankruptcy from 2 years ago which the creditor challenged in bankruptcy court and we agreed on a final number and payment plan which I have been making payments on. I did a search to see if my payments are recorded with court but the judgment isn’t even recorded it... View More
answered on Jun 6, 2023
Your attorney should have a copy of same or it could be on the docket that the court maintains
I also am paying a separate judgment which doesn’t appear in any judgment search. Where can I find amount paid
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answered on Jun 6, 2023
Bankruptcy removes the financial liability for the Judgment, but not the Judgment in State Court records, which requires a special state court procedure for each Judgment. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography.
Chapter 13
answered on Apr 30, 2023
Unfortunately, it could. I’m not saying it will, but one of the factors the court looks at is the potential adopters finances and ability to provide a home and care for the child. Check this out with your adoption attorney, who is in the best position to give an opinion on this question.
We used to live in New Jersey with my wife and son until 2020. During Covid, we both lost our jobs and we were priced out from the US. We moved to Italy, to be close to our family during this time of need. Unfortunately, we have not recovered financially and we are now unable to pay our credit... View More
answered on Apr 17, 2023
There is no way to collect an American debt in Italy. Eventually, judgments will be entered in the USA. If you are never returning, there is no worry. If you come back, you can file bankruptcy then. With no jurisdiction in any American district, you cannot file bankruptcy here.
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answered on Mar 7, 2023
A Chapter 7 Bankruptcy will eliminate a wage garnishment unless it is for child or spousal support or if it was for something involving fraud or criminal conduct. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography. Pick the best... View More
I paid through paypal, he didnt send me a file for 48 hours so i filed a refund, he then proceeded to get annoyed and told me he was sending it, but i would need to cancel the refund, i was keen on getting the file and did so, ignored me again, and i lost my ability to refund through paypal
answered on Feb 13, 2023
You’ve been scammed. Contact PayPal for instructions on how to handle.
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