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New Jersey Bankruptcy Questions & Answers
2 Answers | Asked in Landlord - Tenant and Bankruptcy for New Jersey on
Q: Need to evict tenant..no rent in 17 months...filed bankruptcy June 29..went to court today...she was allowed to stay

For 6 months more for free...can you file bankruptcy in June and have a judgment in July...I need her out I could lose my house...plus her paperwork wasn't official documents...it was hand written

Leonard R. Boyer
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answered on Jul 3, 2024

You need to retain an experienced Bankruptcy attorney to file a Motion to Vacate the automatic stay and if you have not done so already, then you need to have the attorney file a proof of claim. Once the automatic stay is vacated, then you need to retain a landlord tenant attorney to get this... View More

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4 Answers | Asked in Bankruptcy and Family Law for New Jersey on
Q: If I file bankruptcy before equitable d. is done will that mean opposing party no longer has to pay backpay owed?

Technically divorced but the equitable distribution hasn’t be sorted through. Opposing party has large amount of back pay for marital and child related expenses. If I file bankruptcy will that mean he no longer owes me that money if I no longer owe the creditor due to bankruptcy?

And can... View More

Richard Diamond
Richard Diamond
answered on May 31, 2024

It would be irresponsible for any divorce lawyer to speculate as to what is and is not dischargeable in your particular bankruptcy matter and how a discharge may affect the distribution of assets. My suggestion is to schedule a meeting with a divorce lawyer to review all of the terms of your... View More

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4 Answers | Asked in Bankruptcy and Family Law for New Jersey on
Q: If I file bankruptcy before equitable d. is done will that mean opposing party no longer has to pay backpay owed?

Technically divorced but the equitable distribution hasn’t be sorted through. Opposing party has large amount of back pay for marital and child related expenses. If I file bankruptcy will that mean he no longer owes me that money if I no longer owe the creditor due to bankruptcy?

And can... View More

Michael Andrew Conte
Michael Andrew Conte
answered on Jun 1, 2024

The way I read your question, you are anticipating discharging certain debts that your former spouse would otherwise have had an obligation to pay or reimburse you. If the debts no longer exist, then there would be nothing for him to pay to you. If there was some portion of the debt that was still... View More

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4 Answers | Asked in Bankruptcy and Family Law for New Jersey on
Q: If I file bankruptcy before equitable d. is done will that mean opposing party no longer has to pay backpay owed?

Technically divorced but the equitable distribution hasn’t be sorted through. Opposing party has large amount of back pay for marital and child related expenses. If I file bankruptcy will that mean he no longer owes me that money if I no longer owe the creditor due to bankruptcy?

And can... View More

James L. Arrasmith
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answered on Jun 1, 2024

Filing for bankruptcy does not affect the obligation of your ex-spouse to pay backpay for marital and child-related expenses. These obligations are generally considered non-dischargeable in bankruptcy, meaning your ex-spouse will still owe you that money even if you discharge your own debts. The... View More

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3 Answers | Asked in Bankruptcy for New Jersey on
Q: Hi. Im halfway through filing for a chapter 7,can I use sezzle?I have an approval of $800 to use but dont want issues.TY

Edit: I did not apply for new credit. It’s available for me to use since I kept great payment history with them. I have an available 900$ to use. Not applying for new credit. I’ve hired my attorney but asked as he’s gone until next week. I am represented. Thanks!

I filed for... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Apr 11, 2024

There is an express provision of the Bankruptcy Code that requires a bankrupt to get prior judicial approval for any extension of credit, e.g., to borrow money.

In addition, money loaned within ninety days of the filing of a bankruptcy is excepted from any bankruptcy discharge.

To...
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3 Answers | Asked in Bankruptcy for New Jersey on
Q: Hi. Im halfway through filing for a chapter 7,can I use sezzle?I have an approval of $800 to use but dont want issues.TY

Edit: I did not apply for new credit. It’s available for me to use since I kept great payment history with them. I have an available 900$ to use. Not applying for new credit. I’ve hired my attorney but asked as he’s gone until next week. I am represented. Thanks!

I filed for... View More

James L. Arrasmith
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answered on Apr 11, 2024

In your situation, it's best to consult with your bankruptcy attorney before making any financial moves, including using Sezzle or other "buy now, pay later" services. While Sezzle may not report to credit agencies, using credit or taking on new debt during the bankruptcy process can... View More

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3 Answers | Asked in Bankruptcy, Banking, Business Law and Collections for New Jersey on
Q: Am I personally liable for an EIDL loan of $130k taken out by my S Corp if I close the business?

I have a small business set up as an S Corp in NJ. Took out a $130k EIDL loan as well as a $30k loan from my bank. Business is dying. Will the SBA be able to go after my personal assets if I close the business? No personal guarantee, only against collateral/inventory which is hard to sell right... View More

Michael David Siegel
Michael David Siegel
answered on Jan 26, 2024

This is actually an evolving area of the law. If you have no guarantee, the answer should be no. But, the SBA has been investigating whether proceeds were properly used. If you took the money for improper purposes, the US Attorney could come after you. But, there are so many of these loans, it... View More

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3 Answers | Asked in Bankruptcy, Banking, Business Law and Collections for New Jersey on
Q: Am I personally liable for an EIDL loan of $130k taken out by my S Corp if I close the business?

I have a small business set up as an S Corp in NJ. Took out a $130k EIDL loan as well as a $30k loan from my bank. Business is dying. Will the SBA be able to go after my personal assets if I close the business? No personal guarantee, only against collateral/inventory which is hard to sell right... View More

James L. Arrasmith
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answered on Jan 26, 2024

In New Jersey, as with other states, the structure of an S Corporation typically provides a degree of separation between the business's debts and your personal assets. This means that in many cases, shareholders are not personally liable for the debts of the corporation.

Since you...
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3 Answers | Asked in Bankruptcy, Banking, Business Law and Collections for New Jersey on
Q: Am I personally liable for an EIDL loan of $130k taken out by my S Corp if I close the business?

I have a small business set up as an S Corp in NJ. Took out a $130k EIDL loan as well as a $30k loan from my bank. Business is dying. Will the SBA be able to go after my personal assets if I close the business? No personal guarantee, only against collateral/inventory which is hard to sell right... View More

Leonard R. Boyer
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answered on Jan 26, 2024

If your business closes next week, you're personally liable for the debt. EIDLs are not forgivable. You'll repay them over the 30-year term, though you can pay your loan off early with no prepayment penalties. Also, for future reference, a Sub-Chapter S corp is your worst nightmare and... View More

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2 Answers | Asked in Bankruptcy and Contracts for New Jersey on
Q: New jersey , Does anyone have any experience in motion for summmary judgement , I am the defedant

New jersey , Does anyone have any experience in motion for summmary judgement , I am the defedant my oral argument is soon what do i say during this what questions will be asked? I'm New Jersey its a special civil case against junk debt collector velocity investements llc my argument is all oral

Leonard R. Boyer
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answered on Dec 8, 2023

Since you filed legal pleadings you on your own, an attorney cannot just start an oral argument on a motion. You need to pay for an hour of attorney time to review everything that has been filed and the attorney may need to amend the pleadings that you filed. You are not a trained attorney. You do... View More

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2 Answers | Asked in Bankruptcy and Contracts for New Jersey on
Q: New jersey , Does anyone have any experience in motion for summmary judgement , I am the defedant

New jersey , Does anyone have any experience in motion for summmary judgement , I am the defedant my oral argument is soon what do i say during this what questions will be asked? I'm New Jersey its a special civil case against junk debt collector velocity investements llc my argument is all oral

James L. Arrasmith
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answered on Dec 8, 2023

In a motion for summary judgment in New Jersey, as the defendant, you should focus on demonstrating why the case should not be decided without a full trial. This typically involves showing that there are genuine disputes over key facts that require a trial to resolve. Against a junk debt collector... View More

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1 Answer | Asked in Bankruptcy and Contracts for New Jersey on
Q: New jersey , Does anyone have any experience in motion for summmary judgement , I am the defedant

New jersey , Does anyone have any experience in motion for summmary judgement , I am the defedant my oral argument is soon what do i say during this what questions will be asked? I'm New Jersey its a special civil case against junk debt collector velocity investements llc my argument is all... View More

James L. Arrasmith
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answered on Dec 8, 2023

In a motion for summary judgment in New Jersey, as the defendant, you should focus on demonstrating why the case should not be decided without a full trial. This typically involves showing that there are genuine disputes over key facts that require a trial to resolve. Against a junk debt collector... View More

2 Answers | Asked in Bankruptcy, Foreclosure, Real Estate Law and Business Law for New Jersey on
Q: Hello, I have 2 suites with levelset against the same person/ company in stage 3 deadline 1 yesterday 1 today HELP

i am lost the one yesterday i did mandoroty arbitration if you could please spare me a phone call I am a small one man copration with 1 employee and on the verge of bankruptsy there is 38,000.00 owed to me. i went after tthe customers homes with the leans she refused to sign for the cert mail. and... View More

James L. Arrasmith
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answered on Nov 10, 2023

In New Jersey, if you're dealing with multiple legal issues involving debt collection, foreclosure, and potential bankruptcy, it's important to seek legal advice promptly. Since you've already gone through mandatory arbitration and are considering placing liens against property, a... View More

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2 Answers | Asked in Bankruptcy, Foreclosure, Real Estate Law and Business Law for New Jersey on
Q: Hello, I have 2 suites with levelset against the same person/ company in stage 3 deadline 1 yesterday 1 today HELP

i am lost the one yesterday i did mandoroty arbitration if you could please spare me a phone call I am a small one man copration with 1 employee and on the verge of bankruptsy there is 38,000.00 owed to me. i went after tthe customers homes with the leans she refused to sign for the cert mail. and... View More

Leonard R. Boyer
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answered on Nov 9, 2023

You are going to need to retain an experienced civil litigation attorney. You are a corporate entity so you must retain counsel. In determining your choice of an attorney, there are many factors to consider, including but not limited to and you should look at how the attorney is you should also... View More

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4 Answers | Asked in Bankruptcy and Consumer Law for New Jersey on
Q: What are my options when sued by a credit card company for not paying my debt?

debt is $17k. It is my debt, but thought it was included in my debt modification loan with my other credit cards

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Aug 16, 2023

To be frank, it strains credulity that you, and/or they, could have overlooked a $17K debt in your restructure.

And while I generally agree with my colleagues who have previously submitted answers that it's always wise to consult experienced counsel BEFORE you jump into something,...
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3 Answers | Asked in Bankruptcy and Social Security for New Jersey on
Q: I filed a chapter 7 a few years ago with social security being a creditor for overpayments.I checked with social

security and the NJ bankruptcy court and neither could tell if my debt was discharged.I read social security is usually discharged in a Chapter 7 but how can I confirm it was.Social security was listed as a creditor>

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Aug 12, 2023

Invariably, ime, bankruptcy courts enter an Order of general discharge that says little other than that the debtor is discharged from all "dischargeable claims". It will not specify whether any debt to the Social Security fund, or anyone else, has been discharged.

Use of Pacer...
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3 Answers | Asked in Bankruptcy and Social Security for New Jersey on
Q: I filed a chapter 7 a few years ago with social security being a creditor for overpayments.I checked with social

security and the NJ bankruptcy court and neither could tell if my debt was discharged.I read social security is usually discharged in a Chapter 7 but how can I confirm it was.Social security was listed as a creditor>

James L. Arrasmith
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answered on Sep 8, 2023

Determining whether a specific debt was discharged in a Chapter 7 bankruptcy proceeding generally involves reviewing the bankruptcy discharge order and the list of creditors you included in your bankruptcy filing. If the Social Security Administration (SSA) was listed as a creditor in your... View 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
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View 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
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.... View More

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1 Answer | Asked in Bankruptcy, Consumer Law, Collections and Small Claims for New Jersey on
Q: Hi! What happens with the 7 year credit statue after chapter 13 dismissal?

So I recently had my chapter 13 dismissed. I no longer needed the automatic stay for my apartment. My landlord had been receiving nj rental assistance without my knowledge. When I found out she was getting double rent, I stopped. I was given a STUDENT(yet to even take the bar) who wasn’t doing... View More

James L. Arrasmith
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answered on Jul 18, 2024

When your Chapter 13 bankruptcy is dismissed, creditors can resume their collection efforts, which includes reporting debts to credit bureaus. However, the seven-year statute for negative items on your credit report should start from the date of the original delinquency, not the date they reappear.... View More

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