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New Jersey Bankruptcy Questions & Answers
3 Answers | Asked in Bankruptcy and Tax Law for New Jersey on
Q: Please see the below for details

Hello,

there were recently loans taken out with me as a co-signer listed. My signature was forged by my husband. I do not want to press charges, but is there any legal action I can take against this company since i was never contacted? My credit is now bad because my husband defaulted on... Read more »

Karra Kingston
Karra Kingston answered on Mar 13, 2020

You should contact a bankruptcy lawyer to see what options you have available. You should definitely file a police report if someone stole your identity and took loans out fraudulently

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3 Answers | Asked in Bankruptcy and Consumer Law for New Jersey on
Q: My loan was soldl to another lender Carrington mortgage from Chase. IM currently in a Chapter 13 Bankruptcy.

Chase denied a loan modification. My attorney appealed but the Bankruptcy judge agreed to suspend the loan modification. The loan was sold. If the new lender denies a loan mod will the foreclosure process start all over again? I have been making regular mortgage payments with Chase since the... Read more »

Karra Kingston
Karra Kingston answered on Mar 8, 2020

They can still foreclose on your home even though it was sold.

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3 Answers | Asked in Bankruptcy for New Jersey on
Q: How do I submit a complaint to the NJ bar?
Derek John Soltis
Derek John Soltis answered on Mar 5, 2020

You can contact the Office of Attorney ethics. https://njcourts.gov/attorneys/oae.html

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5 Answers | Asked in Bankruptcy for New Jersey on
Q: What do I do if I paid a lawer for bankruptcy and they have done nothing, and refuse to answer call or emails?
Karra Kingston
Karra Kingston answered on Mar 5, 2020

You can submit a complaint to the bar and hire a new lawyer if they simply won’t answer.

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4 Answers | Asked in Bankruptcy for New Jersey on
Q: Is money in an LLC shielded from a personal bankruptcy?

I have 50K invested in my sisters company which is an LLC. If I filed personal bankruptcy would that money be exempt ?

Karra Kingston
Karra Kingston answered on Mar 4, 2020

No I suggest speaking with a bankruptcy lawyer

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6 Answers | Asked in Bankruptcy and Collections for New Jersey on
Q: Should a private student loan that went to collections have been discharged with a chapter 7 bankruptcy?

I filed for bankruptcy in August 2019 and received a discharge in November 2019. My lawyer stated that my student loans (I had 5 federal and 2 private which had long since gone to collections) would never get discharged so he didn't attempt to file for an adversary proceeding. I had two Sallie Mae... Read more »

Karra Kingston
Karra Kingston answered on Mar 2, 2020

They can still collect against you.

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4 Answers | Asked in Bankruptcy for New Jersey on
Q: What if someone is guilty of non-compliance with multiple civil court orders prior to bankruptcy filing?

If he is found guilty of perjury on his bankruptcy forms would he be bound to the court orders of the civil suit? The contract for the sale of my house was drawn up the day before he filed for bankruptcy. He ignored a court order and refused to sign and ignored multiple orders prior to that one.... Read more »

Karra Kingston
Karra Kingston answered on Feb 13, 2020

Call the trustee or attend his meeting of creditors they will tell you how to proceed.

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4 Answers | Asked in Bankruptcy for New Jersey on
Q: Do current court orders have to be carried out when someone files chapter 13

I have a court order forcing the sale of my condo. My co owner, who holds the mortgage was taking my mortgage checks and not paying my mortgage which resulted in forclosure proceedings. The mortgage commitment clearly states that partial payments could be made. He could have applied my half of the... Read more »

Michael David Siegel
Michael David Siegel answered on Feb 10, 2020

Call the trustee. This could be the break you are looking for. The trustee can sell the property.

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3 Answers | Asked in Bankruptcy for New Jersey on
Q: Should medical bills be listed as "consumer debts" on bankruptcy filing?

My bankruptcy lawyer has dropped the ball multiple times on my case that I absolutely have no faith in her handling my case. I'll leave the details leading up out, but the most recent issue is that she never submitted all of my creditors. Now that I am carefully reading the amendment, I am seeing... Read more »

Karra Kingston
Karra Kingston answered on Oct 31, 2019

Yes medical debt would fall under consumer debt

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4 Answers | Asked in Bankruptcy and Collections for New Jersey on
Q: I closed my business.can't pay back my business loan and I personally guaranteed If i get sued and not appear at court?
Michael David Siegel
Michael David Siegel answered on Oct 23, 2019

You will get sued and you should appear and try to settle it.

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3 Answers | Asked in Bankruptcy for New Jersey on
Q: How can I find my docket bankruptcy
Timothy Denison
Timothy Denison answered on Oct 9, 2019

Pacer.gov

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6 Answers | Asked in Bankruptcy for New Jersey on
Q: Why is my bankruptcy lawyer pushing me to sue my last employer and amend my current bankruptcy filing?

I had the absolute worst lawyer file my bankruptcy and overcharge me considerably. I don't know why she is so interested in my personal life but I did mention to her how severely discriminated I was at my last job. I thought about suing my previous employer but decided to let it go and... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Oct 7, 2019

You are free to change your bankruptcy attorney at any time. It is the Bankruptcy Trustee, not your attorney that has the most to gain if you have a valid employment discrimination case. While your bankruptcy attorney will have to perform some additional legal work, she will not gain much, unless... Read more »

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3 Answers | Asked in Bankruptcy for New Jersey on
Q: Is there a way to discharge my remaining bankruptcy lawyer fees for a completely negligent lawyer?

My bankruptcy lawyer charged me $2500 for a chapter 7 - I don't have any hidden assets or a complicated case. I find out that my brother-in-law paid less than half. So far, I paid her $2000. I still owe $500 in 3 monthly installmants. I had to chase her for everything, and I mean everything. I... Read more »

Stuart Nachbar
Stuart Nachbar answered on Oct 7, 2019

While I do not condone not paying counsel, I am curious if you have filed the Petition, how she can be collecting on a pre-petition debt when 11 USC 362 says she/he cant. Even counsel fees can be seen pre-petition debt. I have heard of counsel doing this with a broken out Retainer for specific... Read more »

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3 Answers | Asked in Bankruptcy and Contracts for New Jersey on
Q: If there was a forclosure action shouldn't there be a writ of excution in the county records? also shouldn't we be serve

Served by them ? Then by the county sheriff?? I dont see it on there website for a sake. it has not been in paper for 4 weeks dont they have to do all those things before a sheriff sale, since NJ is judicial state? And back in 2017 doesnt our bankruptcy canceled out all there prior fillings..dont... Read more »

Michael David Siegel
Michael David Siegel answered on Aug 16, 2019

Your question shows you know little about bankruptcy or foreclosure. Your lawyer should have explained it to you. If your sale has been noticed by posting a notice of sale and advertising it will go forward as noticed.

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4 Answers | Asked in Bankruptcy for New Jersey on
Q: Thinking bout filing for bankruptcy? I live in Pleasantville NJ Atlantic county I have limited funds can I file on my ow

Can I file on my own did any file for free

Stuart Nachbar
Stuart Nachbar answered on Aug 7, 2019

YEs, it is possible to file on your own, but free is another story. You will have to file an Application with the Court to waive the filing fee or pay same in installments. I seriously recommend you call Atlantic County Legal Services (if they have such a thing) and see if they can help you. I... Read more »

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3 Answers | Asked in Bankruptcy for New Jersey on
Q: What do I need to file bankruptcy in NJ? My money is very limited so can I file on my own or is there lawyer for free
Karra Kingston
Karra Kingston answered on Aug 7, 2019

You can file for bankruptcy on your own however, I do advise you at least speak with an attorney to understand and know your exemptions if not the trustee can take any assets you have. An attorney can also prepare you and represent you for the questions they will ask in court. There are Free legal... Read more »

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4 Answers | Asked in Bankruptcy, Foreclosure and Probate for New Jersey on
Q: What can I do to stop foreclosure on the house and settle parents' estates w/o taking on responsibility for their debts

that could potentially affect my credit. Both parents died in 2017 with NO wills. They both have massive amounts of medical debt and there is a mortgage on the home. I'd prefer not to move from the home and am named as an heir by the mortgage company (and named resident) and am contemplating... Read more »

Michael David Siegel
Michael David Siegel answered on Jul 16, 2019

You can just pay the mortgage. The bank does not care where the cash come from. As to the debts, you are not liable personally. If the debt exceeds the asset value of the estate, there is no benefit to an estate.

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5 Answers | Asked in Bankruptcy for New Jersey on
Q: I live in New Jersey and own a home. I would like to know if I file bankruptcy if I would lose my house?
Leonard R. Boyer
Leonard R. Boyer answered on Jul 13, 2019

No, you do not have to lose your home. In fact by filing a Complex Chapter 13 Bankruptcy and seeking a mortgage loan modification through the Bankruptcy Court's mortgage modification. You need to retain an experienced mortgage foreclosure defense and bankruptcy attorney, who has a proven track... Read more »

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2 Answers | Asked in Bankruptcy for New Jersey on
Q: Does name on mortgage also need to be on the deed to use the fed exemption amounts for both spouses in a bankrupty?

Hello

I am a homeowner in NJ in which my spouse's name is on the mortgage, but not on the deed. Would we still be able to claim the double home equity federal exemption in a bankruptcy case?

Michael David Siegel
Michael David Siegel answered on Mar 21, 2019

You would not. Only the owner can claim.

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