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New Jersey Bankruptcy Questions & Answers
3 Answers | Asked in Bankruptcy for New Jersey on
Q: My bank account was levied, if I put more money in, can they take it again?
Karra Kingston
Karra Kingston
answered on May 2, 2022

Yes, they can. A levy means that they can continue to take the money until it is paid off. Filing bankruptcy may be a good decision to try and stop a levy!

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3 Answers | Asked in Bankruptcy for New Jersey on
Q: My bank account was levied, if I put more money in, can they take it again?
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on May 2, 2022

I agree that a garnishment/levy on your bank account is continuing, so adding deposits to that account is NOT a good idea.

Open a deposit account at some other financial institution. Would be smart to open an account at a Delaware bank/credit union. A NJ judgment doesn't have effect...
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2 Answers | Asked in Bankruptcy for New Jersey on
Q: I am in Chapter 13 bankruptcy and have 9 months left on the repayment plan.

I am in Chapter 13 bankruptcy and have 9 months left on the repayment plan. I just got a letter from my servicer saying, Payment balance $170,000+ , is that what I owe for the last 9 months or is it what I owe on my mortgage payments. It has me confused. The court said, if I paid my mortgage and... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Mar 6, 2022

If you have an attorney, you need to direct all your questions to your attorney. If you do not have an attorney, you should really retain one. This is not something to try to handle on your own. If you need to retain an attorney, with the Court operating remotely using modern technology and... Read more »

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3 Answers | Asked in Bankruptcy for New Jersey on
Q: Chapter 13 and adding on fees !

I have been in Chapter 13 bankruptcy for four years and two months. I haven’t missed a payment on my mortgage or Trustee. My loan was for $210,000. My mortgage was sold and I received a letter saying that I owe $170,000 on my loan which has to be a mistake. Then they are saying, I owe $16,000 on... Read more »

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Mar 5, 2022

If you are 4 + years into your BK, please go.speak with your counsel.and have him review the POC and ask for a post petition payment history. That should get a good handle on the situation

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2 Answers | Asked in Bankruptcy for New Jersey on
Q: Will you please help me and help me.file bankruptcy against my surcharges and fines I really don't know what else to do
Leonard R. Boyer
Leonard R. Boyer
answered on Mar 3, 2022

This is something that can easily be handled by an experienced bankruptcy attorney. I have been very successful with all of the cases I have handled for my clients pertaining to EZ Pass Fines and penalties. This is because it is treated as an unsecured debt. You should retain an attorney as soon as... Read more »

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1 Answer | Asked in Bankruptcy for New Jersey on
Q: I have a conventional mortgage and have been in Chapter 13 bankruptcy .

I have a conventional mortgage and have been in Chapter 13 bankruptcy for 4 years and have not missed or been late on a mortgage payment or a Trustee payment. Can I refinance my mortgage now before the 5 years are up ? Or will I have a problem since it’s a conventional mortgage ?

Leonard R. Boyer
Leonard R. Boyer
answered on Feb 7, 2022

If you are not represented by counsel you are making a grave mistake. If you are represented by counsel then the attorney may have some explaining to do. This situation makes no sense if you are represented by counsel. If you are represented by counsel you need to direct all your questions to your... Read more »

1 Answer | Asked in Bankruptcy for New Jersey on
Q: I’m defendant in adversary proceeding. Discovery due 40 days ago, nothing filed by plaintiff. Will this get dismissed?

Trial is scheduled for January but I haven’t heard any update in months. The pacermonitor hasn’t updated anything. When should I hear any type of updated? July was last update stating discovery due date in November and trial date in January

Leonard R. Boyer
Leonard R. Boyer
answered on Nov 29, 2021

If you are in an adversary proceeding you should have counsel and direct your questions to your attorney. If you are not represented by counsel you need to retain an experienced bankruptcy attorney. There are rules and time limits in all aspects of bankruptcy. However there are circumstances when a... Read more »

3 Answers | Asked in Bankruptcy for New Jersey on
Q: Chapter 7 in NJ what address do I use if I don't have a permanent address?

I have a PO box for mailings.

Michael David Siegel
Michael David Siegel
answered on Nov 23, 2021

It is supposed to be the place where you spent the most of the last 180 days. If it is all in one district, it really does not matter. If it was in multiple states, then it is an issue.

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3 Answers | Asked in Bankruptcy and Civil Litigation for New Jersey on
Q: civil case, if plaintiff doesn’t disclose any discovery 30 days past the discovery due date does the case get dismissed?

Discovery date was set in July, was due in October and still nothing has been disclosed. Trial is scheduled for January

Timothy Denison
Timothy Denison
answered on Nov 18, 2021

Not necessarily. Depends solely upon the FDA acts of the case and the judges interpolation of them.

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3 Answers | Asked in Bankruptcy for New Jersey on
Q: Will my credit be destroyed for 7 years if my brother Sells the house that I co-signed for him through bankruptcy?

So my older brother has filed bankruptcy on a house that I co-signed for, he is planning on selling the house Once the bankruptcy go through.

I would like to know if I need to hire an attorney and If I am entitled 1/2 of the sale of the house Once it is sold. And will my credit be messed... Read more »

Michael David Siegel
Michael David Siegel
answered on Nov 9, 2021

You get proceeds if you are on the deed. If you are just on the loan, you are not on title and get no proceeds. However, the defaulted loan will very much impact your credit. It already has.

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2 Answers | Asked in Bankruptcy and Foreclosure for New Jersey on
Q: I filed chapter 13 it was dismissed so I filed 13 again that was dismissed so I filed chapter 7 it was accepted but home

Still sold is something I can do to get home back

Justin M. Gillman
PREMIUM
Justin M. Gillman
answered on Nov 8, 2021

This depends greatly on the timing and more specific review of the legal issues involved.

The Chapter 7 Trustee likely chose to "abandon" the trustee's interest in the property due to a lack of equity. When certain documents were filed and a discharge entered, depending...
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1 Answer | Asked in Bankruptcy for New Jersey on
Q: Are non lawyers allowed to prepare bankruptcy petitions in nj
Leonard R. Boyer
Leonard R. Boyer
answered on Oct 5, 2021

Not legally and why would you want one. Bankruptcy is a very complex area of law and a significant number of things can go wrong in what you might consider a simple Chapter 7 Bankruptcy. Only licensed attorneys are licensed to practice law. Choosing a cheap attorney can often lead to expensive... Read more »

4 Answers | Asked in Bankruptcy for New Jersey on
Q: Are suspended lawyers allowed to prepare bankruptcy petitions in nj
Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Oct 4, 2021

As that is engaging in the practice of law, I do not believe so

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2 Answers | Asked in Bankruptcy and Products Liability for New Jersey on
Q: Hello I ordered from difeel and have not heard anything back from them and the tracking number was not ligit

And they have took my money of already for the order so im just wondering if they are a scammer company or ligit pls

Timothy Denison
Timothy Denison
answered on Jul 11, 2021

Sounds like a scammer. Notify your credit card company to deny or reverse payment.

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3 Answers | Asked in Bankruptcy, Business Law and Real Estate Law for New Jersey on
Q: If you personally guarantee a business loan and file bankruptcy, can the bank go after your house/primary residence?

I opened the doors to my s-corp in 2020 and due to covid I may have to file for bankruptcy. I have a great opportunity to buy a house now and don't know if the bank will go after my house for collateral. Should I wait to see what the business does or is it safe to buy a house prior to a... Read more »

Derek John Soltis
Derek John Soltis
answered on Mar 29, 2021

If you are a personal guarantor, any judgment against you could attach to your home. So, if you file for bankruptcy first, buying a house would most likely be more difficult, but if you buy a home are sued, and the other side wins it could attach to your home as a lien.

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4 Answers | Asked in Bankruptcy for New Jersey on
Q: My sister just lost her husband to COVID. Her husband left her with $100,000 in credit card debt.

They own a home with a mortgage of about $300,000. He owns another home with a mortgage of about 150,000. She’s not working, she’s a retired nurse. Can she claim bankruptcy?

Derek John Soltis
Derek John Soltis
answered on Mar 24, 2021

She would have to provide her documents to a bankruptcy attorney to get the best answer. She most likely could file a chapter 13 to protect the assets which is a repayment plan over 3 to 5 years based on her income. She may even be able to file a chapter 7 to wipe out the excessive debt and still... Read more »

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4 Answers | Asked in Bankruptcy for New Jersey on
Q: Must you file a motion to obtain court approval to sell this property?

Debtor recently filed a chapter 13 and the plan has been confirmed. There is a property owned by the debtor with the ex-wife that the ex-wife is now fully responsible for, per the divorce agreement, but the debtor's name was never removed from the title. Now ex-wife is looking to sell that... Read more »

Karra Kingston
Karra Kingston
answered on Feb 11, 2021

Yes, you need approval to sell if his name is on the deed.

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1 Answer | Asked in Bankruptcy, Civil Litigation, Collections and Small Claims for New Jersey on
Q: Post-judgement interest in NJ on Small Claims Court decision has to be explicitly granted?

When judgement is entered in small claims court decision (NJ, less than $3k) - is post-judgement interest automatically applicable if it is not explicitly ordered by judge? I found article that says usually it is automatic per federal standards, but I don't want simply to assume this. Any... Read more »

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Feb 10, 2021

Yes it is automatic once judgment is entered

2 Answers | Asked in Bankruptcy, Consumer Law, Business Law and Collections for New Jersey on
Q: I have a judgement against me how can I vacate it?

I did a confession of judgment for a merchant cash advance, I had to close a small businesses that I had and with the confession of judgment the cash advance companie got a judgment against me, I read that confession of judgment doesn't apply out of the state of NY, I live in New Jersey an... Read more »

Timothy Denison
Timothy Denison
answered on Feb 10, 2021

Likely it will not be vacated bc you agreed to it. Hire a bankruptcy attorney to evaluate your financial situation and consider filing chapter 7 to eliminate the judgment.

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2 Answers | Asked in Bankruptcy for New Jersey on
Q: I was told My chapter 13 case was dismissed because my lender was not agreeable to resetting my timetable for payment

I know the trustee was asking for a consent order for adequate protection payments for months..i been in bankruptcy for about 5 months why would the timetable have to be reset

Leonard R. Boyer
Leonard R. Boyer
answered on Jan 11, 2021

I do not know whether or not you are represented by an experienced Bankruptcy attorney, or not, but if you are, then all your questions need to be directed to the attorney. Otherwise, you must retain counsel and have a document review and discussion of your present situation in order to provide... Read more »

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