Get free answers to your Bankruptcy legal questions from lawyers in your area.
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>
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... View More 
It says If Tenant shall, (a) file for bankruptcy or for protection against Creditors under the laws of the United States or any state; (b) enter into an arrangement or composition amount creditors; or (c) have any insolvency or bankruptcy proceedings instituted against Tenant by a creditor; then... View More
answered on Jul 19, 2023
That is not how it works. You can assume your lease by agreeing to make payments going forward.
We are in a process of eviction right now. We have been to court 2 times already. We owe less than 5 thousand dollars and are willing to pay it because we have kids and can't afford any where else at the moment. We haven't sign the lease because of the money we owe. So my question is, can... View More
answered on Jul 13, 2023
Attorney fees for what? Your narrative is missing some important facts.
This judgment comes from a ch7 bankruptcy from 2 years ago which the creditor challenged in bankruptcy court and we agreed on a final number and payment plan which I have been making payments on. I did a search to see if my payments are recorded with court but the judgment isn’t even recorded it... View More
answered on Jun 6, 2023
Your attorney should have a copy of same or it could be on the docket that the court maintains
I also am paying a separate judgment which doesn’t appear in any judgment search. Where can I find amount paid
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 6, 2023
Bankruptcy removes the financial liability for the Judgment, but not the Judgment in State Court records, which requires a special state court procedure for each Judgment. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography.
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... View 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.
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
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 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... View 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 ?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View 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
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... View 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... View 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... View 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... View More
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... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View 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... View 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
Justia Ask A Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
