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New Jersey Bankruptcy Questions & Answers
3 Answers | Asked in Bankruptcy, Estate Planning, Banking and International Law for New Jersey on
Q: If Im poa on my Dad's account, that can't be affected by my bankruptcy? Also can I open a new account with us both on?

My father is moving to a new country next week and I am newly appointed durable power of attorney over his financial accounts.... If I file bankruptcy that shouldn't effect his banks accounts correct? Also I was thinking of opening a new checking account with my father and myself as joint... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Oct 10, 2020

Do not open any bank accounts until after your bankruptcy is discharged. Do not look for problems. You also need to be represented by an experienced Bankruptcy attorney. What you do not know can cause you all sorts of problems. You really need to leave things alone. Even with the Pandemic, if you... Read more »

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3 Answers | Asked in Bankruptcy and Traffic Tickets for New Jersey on
Q: 1986 I lost my license failure paying a traffic ticket i get SSID NJ wants 15.000 restitution should I file bankruptcy

What can i do to get a driver's license is bankruptcy my only option??

Karra Kingston
Karra Kingston answered on Sep 17, 2020

Generally, fines to government agencies are not dischargeable in a Chapter 7. Fines intended to pincushion your for some type of action are not dischargeable as it would go against public policy.

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4 Answers | Asked in Bankruptcy and Tax Law for New Jersey on
Q: What are the effects on a Municipal tax lien, When property owner subsequent files for bankruptcy protection.

Lien is bought and held by private investor. State of New Jersey.

Derek John Soltis
Derek John Soltis answered on Sep 16, 2020

The lein stays attached to the property and continues to gather interest. If a foreclosure has been initiated, that will be stayed pending the bankruptcy. If chapter 13 is filed, then the lien can be paid off in the chapter 13 bankruptcy.

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4 Answers | Asked in Bankruptcy and Consumer Law for New Jersey on
Q: Our house was foreclosed on last year and bankruptcy was dismissed. My brother I law passed away. My mother in law wants

to put his house in my husband and his sisters name because she is 90 yrs old

Can he have the house in his name.

Michael David Siegel
Michael David Siegel answered on Aug 13, 2020

Yes, but if you are planning on filing again for bankruptcy then it could be an issue.

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5 Answers | Asked in Bankruptcy for New Jersey on
Q: Would a judgement received as a result of a personal injury case from an auto accident be dischargeable in bankruptcy?

My husband just learned that there was a $75k judgment against him and his co-defendant in a personal injury case from 2007, but judgment was placed in 2010 without him ever receiving any notice for court, about the judgment, etc. He was aware of the case and got to the point where they were... Read more »

Karra Kingston
Karra Kingston answered on Aug 5, 2020

Yes, it could be discharged in bankruptcy. As long as it wasn’t for drinking and driving

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4 Answers | Asked in Bankruptcy for New Jersey on
Q: In bankruptcy (Ch. 7), how to I distinguish between something I own and something my father or wife own?

I was renting a piano, but my father said I could use his piano rather than lose money on the rental. Its ambiguous if he "gave it to me" (It is obviously a long term loan, but its understood my job is to take care of it although it'll be mine in the future.) I'm thinking of... Read more »

Ivan Raevski
Ivan Raevski answered on Aug 3, 2020

I don't think there is anything ambiguous about this. If your father owns the piano, it is his asset, not yours so it would not be in the bankruptcy estate. Doesn't matter if you are using it long or short term and the location of the item. It is another person's property and will... Read more »

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2 Answers | Asked in Bankruptcy, Criminal Law, Divorce and Family Law for New Jersey on
Q: Need to know, does one need to show their martial-status on the deed of ownership in NJ? Thinks 25% is his.

Believe a man I love is being wronged and abused, for years; by one he thinks is his wife. After hearing from his family I've investigated; what's found is shocking?! This woman pushed him into marriage by having a child; And in 5 yrs 6 ms 19 ds, now…!? From " I Do"... Read more »

Timothy Denison
Timothy Denison answered on Jul 20, 2020

Yes. Single or married.

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3 Answers | Asked in Bankruptcy for New Jersey on
Q: Is there any statues of limitations on an attorney committing fraud, stealing your money

Filed bankruptcy stole my money

Karra Kingston
Karra Kingston answered on Jun 29, 2020

You can call the bar association

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2 Answers | Asked in Bankruptcy for New Jersey on
Q: Can someone direct me to a bankruptcy attorney for Trenton NJ that does free consultation and also pro bono?
Timothy Denison
Timothy Denison answered on Jun 22, 2020

Call the NJ Bar Association or the Trenton Legal Aid Society. They both maintain lists of pro bono or reduced fee lawyers.

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5 Answers | Asked in Bankruptcy for New Jersey on
Q: Do i need to disclose my Snap Benefits when I am filing for Bankruptcy.

I’m getting help through legal aid but the assistant that is helping me Asks me repeatedly for my snap amount and if I’m receiving any type of gov’t assistance and today I received a monthly expenses sheet to fill out and it seems she added a question herself which states amount I spend on... Read more »

Derek John Soltis
Derek John Soltis answered on Apr 30, 2020

Yes. Disclose everything. Any source of income or aid needs to be disclosed to the trustee. If you qualify for SNAP odds are you well under the threshold for the means test to qualify for a chapter 7.

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3 Answers | Asked in Bankruptcy, Civil Litigation and Contracts for New Jersey on
Q: Can a co-signer restart the statue of limitations for the borrower on an old debt by entering into a repayment agreement
Karra Kingston
Karra Kingston answered on Apr 14, 2020

Generally, a cosigner can revive the statute of limitations on an old debt by making a payment or by agreeing to begin making payments (depending on state law).

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4 Answers | Asked in Bankruptcy and Social Security for New Jersey on
Q: In New Jersey, will I be able to keep stimulus check 2020? I'm disabled on SSI and SSD and will be filing chapter 7.

I'm in the process of starting Chapter 7 and will be receiving help from nonprofit organization that provides legal services to low income individuals. I was assigned a lawyer but because of COVID-19 was not able to meet and give the packet of information they sent me to him. Another... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Apr 11, 2020

No one here can provide a precise answer to your questions, and despite the COVID-19 pandemic you can still send your bankruptcy information packet to the attorney. Your bankruptcy cannot start until your attorney files the petition with the Court, which can be done electronically. Since you have... Read more »

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4 Answers | Asked in Bankruptcy, Foreclosure and Real Estate Law for New Jersey on
Q: My grandmother co-signed a house in NJ now it's in foreclosure. She is 84 lives in FL only social security. Advise?

The main signer filed chapter 13 last year. He fell behind now bankruptcy case is voided. He will get wages garnished. My concern is to protect my grandmother. With her living in florida I'm not sure where to start .

Karra Kingston
Karra Kingston answered on Mar 31, 2020

I’m not really sure if your grandmother is trying to save her one or not. I would need more information I would suggest contacting a Bankruptcy lawyer in Florida where your grandmother lives.

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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... Read more »

Karra Kingston
Karra Kingston answered on Mar 2, 2020

They can still collect against you.

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