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New Jersey Bankruptcy Questions & Answers
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
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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,

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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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
Leonard R. Boyer
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?
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 »

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 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...
Read more »

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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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