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New Jersey Bankruptcy Questions & Answers
4 Answers | Asked in Bankruptcy for New Jersey on
Q: am i relieved of wage garnishment when i file for chapter 7 bankruptcy
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Mar 7, 2023

While the automatic stay in bankruptcy, which bars all creditors from attempting to procure money or property from the estate after a bankruptcy is filed, is a powerful tool, it does not nullify all such efforts, as a secured claim is treated differently, and somewhat deferentially, in bankruptcy.... Read more »

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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... Read more »

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1 Answer | Asked in Contracts, Civil Litigation and Bankruptcy for New Jersey on
Q: I’m from NJ and am being taken to court for an old debt for rent. I was young at the time and unaware of what a co-signe

I was unaware what a co-signer was. I responded but the original signer did not. Would the court be able to put the full responsibility of the debt on me. I was just diagnosed with cancer and have no income while he does. Debt is from passaic county and I live in Passaic county. Court is in Morris... Read more »

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Sep 10, 2022

As a cosigner, you are fully responsible for the debt. Age or state of health is no defense. If a judgment is entered against you, it is a valid lien for 20 years. You may be able to have the debt discharged by filing in bankruptcy. Speak to an attorney with bankruptcy experience,

3 Answers | Asked in Bankruptcy for New Jersey on
Q: Can a bankruptcy case Chapter 7 be discharged before the objection date ?

If a bankruptcy case was filed on 5/23/2022 had the meeting 06/23/2022 and objection deadline is Aug 22 2022 does that mean the case can be discharged if no objections come before Aug 22 2022 ? Or do you have to wait until Aug 22nd 2022 to know definitely if you been discharged ?

Leonard R. Boyer
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answered on Jul 22, 2022

There cannot be any discharge ever, until all creditor objections are resolved. Nothing else would make sense. If you have 1 or more creditors objecting to your bankruptcy then you need to retain an experienced Bankruptcy attorney. With modern technology there are no geographical limits to prevent... Read more »

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2 Answers | Asked in Bankruptcy for New Jersey on
Q: Mortgage was in chapter 7 not discharged was carried to chapter 13. It is not showing up on my credit report.

Servicer says since it was in bankruptcy I am not liable for the debt but I signed a modification and have been paying for 3 years. So exactly what does that mean??

David Luther Woodward
David Luther Woodward
answered on Jul 6, 2022

I agree!

How long was your 13 plan and did you complete it?

Credit reports have little if anything to do with bankruptcy other than to report your filing--if they do. Credit report issues should be addressed with the reporting bureau

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6 Answers | Asked in Bankruptcy for New Jersey on
Q: Can a debtor collect on previous debt that was discharged?
Leonard R. Boyer
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answered on Jun 24, 2022

Any attempt to collect on a debt discharged in bankruptcy can be dealt with by a letter from an experienced bankruptcy attorney warning the creditor to "Cease & Desist" or a contempt motion will be filed with the Bankruptcy Court. Good luck.

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6 Answers | Asked in Bankruptcy for New Jersey on
Q: Can a debtor collect on previous debt that was discharged?
Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Jun 22, 2022

I agree that a Debt Collector may not collect on a debt that was discharged in a previous bankruptcy. You should provide them with a copy of the schedules, and a copy of the Discharge.

If you are referring to a debt that is owed to you, if you disclosed same on your schedules, and the...
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6 Answers | Asked in Bankruptcy for New Jersey on
Q: Can a debtor collect on previous debt that was discharged?
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Jun 21, 2022

I read your question differently from the others who have answered, meaning I think you may have someone who owes you money, and you want to know whether, post-bankruptcy, post-discharge, you can pursue the one who owes you money.

The answer is yes, if you listed the debt on the sworn...
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6 Answers | Asked in Bankruptcy for New Jersey on
Q: Can a debtor collect on previous debt that was discharged?
Lloyd M. Nolan
Lloyd M. Nolan
answered on Jun 21, 2022

No, that would be a violation of the debtor's discharge. 11 U.S. Code 524 (a) 2 provides that a Discharge operates as an injunction against the commencement or continuation of an action, employment of process, or an act to collect, recover or offset such debt as a personal liability of the... Read more »

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2 Answers | Asked in Banking, Bankruptcy and Collections for New Jersey on
Q: Hi, I have about $100k in business credit card debt(a total of 11 credit cards). I am the personal guarantee for all

of them. All cards are current and I am still making payments, but not getting no where with the interest rates.

Can I negotiate with the banks for a lower amount?

How will this impact my personal credit and my business credit (Dun & Bradstreet)? If I am not able to satisfy the... Read more »

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Jun 17, 2022

You can negotiate with them. Any break they give you MAY result in a 1099-C for taxes. They start reporting usually after the first late 30 days occurs. Debt management companies, in my opinion, are not good as the first several months of payment go to their fees, and nothing is done to protect... Read more »

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2 Answers | Asked in Banking, Bankruptcy and Collections for New Jersey on
Q: Hi, I have about $100k in business credit card debt(a total of 11 credit cards). I am the personal guarantee for all

of them. All cards are current and I am still making payments, but not getting no where with the interest rates.

Can I negotiate with the banks for a lower amount?

How will this impact my personal credit and my business credit (Dun & Bradstreet)? If I am not able to satisfy the... Read more »

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Jun 16, 2022

If your credit accounts are current, of course you can approach the credit card issuers with a request for a lower interest rate, but your chances of success are dim when the Fed is raising rates steeply toward a tentative goal of 5.5% by year's end (that's the prime rate, and most credit... Read more »

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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...
Read more »

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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... Read 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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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.

3 Answers | Asked in Bankruptcy for New Jersey on
Q: I need help filing for bankruptcy

I just moved from Texas to New Jersey in the last two months and I’m not sure which state to file in and I am looking at a chapter 13 bankruptcy

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Feb 5, 2023

One needs to be a resident for 180 days to file in the venue they reside.

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3 Answers | Asked in Bankruptcy for New Jersey on
Q: I need to stop a sheriff's sale & need to file bankruptcy. The attorney needs $2500 to do so. Is this reasonable?

Sale scheduled for 1/10/2023.

Timothy Denison
Timothy Denison
answered on Jan 4, 2023

Yes. If you file the bankruptcy, it will stop the sale of the property.

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2 Answers | Asked in Bankruptcy for New Jersey on
Q: Can i get fired from my job in new jersey if i do have 2 wage garnishment?I hope not.
Karra Kingston
Karra Kingston
answered on Aug 12, 2022

No, they generally can’t fire you

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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 pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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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