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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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 »
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 »
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,
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 ?
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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 »
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??
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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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.
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... Read more »
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... Read more »
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 »
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 »
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 »
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 »
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 »
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 »
Chapter 13
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.
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 »
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.
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
answered on Feb 13, 2023
You’ve been scammed. Contact PayPal for instructions on how to handle.
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
answered on Feb 5, 2023
One needs to be a resident for 180 days to file in the venue they reside.
Sale scheduled for 1/10/2023.
answered on Jan 4, 2023
Yes. If you file the bankruptcy, it will stop the sale of the property.
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 »
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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 »
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 »
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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