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New Jersey Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy, Collections, Estate Planning and Probate for New Jersey on
Q: If a deceased person has credit card debt, is it the responsibility of the executor to pay those cards?
Tim Akpinar
Tim Akpinar
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

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1 Answer | Asked in Bankruptcy, Consumer Law, Collections and Small Claims for New Jersey on
Q: Hi! What happens with the 7 year credit statue after chapter 13 dismissal?

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

James L. Arrasmith
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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

1 Answer | Asked in Bankruptcy for New Jersey on
Q: Hi, My chapter 11 gets dismissed due to failed to file plan and other supporting documents just for one day delay in NJ.

I am trying to file Motion to vacate dismissal in chapter 11. can you help me out with proper forms etc. ?

James L. Arrasmith
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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

2 Answers | Asked in Landlord - Tenant and Bankruptcy for New Jersey on
Q: Need to evict tenant..no rent in 17 months...filed bankruptcy June 29..went to court today...she was allowed to stay

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

Leonard R. Boyer
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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

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4 Answers | Asked in Bankruptcy and Family Law for New Jersey on
Q: If I file bankruptcy before equitable d. is done will that mean opposing party no longer has to pay backpay owed?

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

Richard Diamond
Richard Diamond
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

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3 Answers | Asked in Bankruptcy for New Jersey on
Q: Hi. Im halfway through filing for a chapter 7,can I use sezzle?I have an approval of $800 to use but dont want issues.TY

Edit: I did not apply for new credit. It’s available for me to use since I kept great payment history with them. I have an available 900$ to use. Not applying for new credit. I’ve hired my attorney but asked as he’s gone until next week. I am represented. Thanks!

I filed for... View More

James L. Arrasmith
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answered on Apr 11, 2024

In your situation, it's best to consult with your bankruptcy attorney before making any financial moves, including using Sezzle or other "buy now, pay later" services. While Sezzle may not report to credit agencies, using credit or taking on new debt during the bankruptcy process can... View More

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3 Answers | Asked in Bankruptcy, Banking, Business Law and Collections for New Jersey on
Q: Am I personally liable for an EIDL loan of $130k taken out by my S Corp if I close the business?

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

Michael David Siegel
Michael David Siegel
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

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1 Answer | Asked in Bankruptcy and Contracts for New Jersey on
Q: New jersey , Does anyone have any experience in motion for summmary judgement , I am the defedant

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

James L. Arrasmith
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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

2 Answers | Asked in Bankruptcy and Contracts for New Jersey on
Q: New jersey , Does anyone have any experience in motion for summmary judgement , I am the defedant

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 oral

James L. Arrasmith
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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

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2 Answers | Asked in Bankruptcy, Foreclosure, Real Estate Law and Business Law for New Jersey on
Q: Hello, I have 2 suites with levelset against the same person/ company in stage 3 deadline 1 yesterday 1 today HELP

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

Leonard R. Boyer
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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

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4 Answers | Asked in Bankruptcy and Consumer Law for New Jersey on
Q: What are my options when sued by a credit card company for not paying my debt?

debt is $17k. It is my debt, but thought it was included in my debt modification loan with my other credit cards

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
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,...
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3 Answers | Asked in Bankruptcy and Social Security for New Jersey on
Q: I filed a chapter 7 a few years ago with social security being a creditor for overpayments.I checked with social

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>

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
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...
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1 Answer | Asked in Bankruptcy for New Jersey on
Q: I want to file bankruptcy. But according to my lease, I would have to move. Is this legal im in NJ

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

Michael David Siegel
Michael David Siegel
answered on Jul 19, 2023

That is not how it works. You can assume your lease by agreeing to make payments going forward.

2 Answers | Asked in Bankruptcy and Contracts for New Jersey on
Q: If I'm month to month in an apartment complex. Can the landlord still charge me for attorney fees?

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

Timothy Denison
Timothy Denison
answered on Jul 13, 2023

Attorney fees for what? Your narrative is missing some important facts.

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4 Answers | Asked in Bankruptcy for New Jersey on
Q: I can’t find record of a consent judgment I have been making payments on when I do a judgment search. What can be reason

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

Stuart Nachbar
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Stuart Nachbar
answered on Jun 6, 2023

Your attorney should have a copy of same or it could be on the docket that the court maintains

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2 Answers | Asked in Bankruptcy for New Jersey on
Q: I included 3 judgements in my ch 7 which was discharged 2 years ago yet it still appears in judgment search. Why

I also am paying a separate judgment which doesn’t appear in any judgment search. Where can I find amount paid

Leonard R. Boyer
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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.

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2 Answers | Asked in Bankruptcy and Adoption for New Jersey on
Q: Will filing bankruptcy affect the chances of adopting our foster child in NJ?

Chapter 13

Timothy Denison
Timothy Denison
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.

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2 Answers | Asked in Bankruptcy for New Jersey on
Q: I am an American AND Italian citizen looking for information about Chapter 7 bankruptcy in the US. I live in Italy

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

Michael David Siegel
Michael David Siegel
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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4 Answers | Asked in Bankruptcy for New Jersey on
Q: am i relieved of wage garnishment when i file for chapter 7 bankruptcy
Leonard R. Boyer
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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

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1 Answer | Asked in Bankruptcy and Consumer Law for New Jersey on
Q: I purchased a file from someone privately, paid the money, but never recieved my file, he ignored me and no refund,case?

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

Timothy Denison
Timothy Denison
answered on Feb 13, 2023

You’ve been scammed. Contact PayPal for instructions on how to handle.

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