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New Jersey Bankruptcy Questions & Answers
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
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
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
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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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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