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New Jersey Bankruptcy Questions & Answers
3 Answers | Asked in Bankruptcy for New Jersey on
Q: What do I need to file bankruptcy in NJ? My money is very limited so can I file on my own or is there lawyer for free
Karra Kingston
Karra Kingston answered on Aug 7, 2019

You can file for bankruptcy on your own however, I do advise you at least speak with an attorney to understand and know your exemptions if not the trustee can take any assets you have. An attorney can also prepare you and represent you for the questions they will ask in court. There are Free legal... Read more »

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4 Answers | Asked in Bankruptcy, Foreclosure and Probate for New Jersey on
Q: What can I do to stop foreclosure on the house and settle parents' estates w/o taking on responsibility for their debts

that could potentially affect my credit. Both parents died in 2017 with NO wills. They both have massive amounts of medical debt and there is a mortgage on the home. I'd prefer not to move from the home and am named as an heir by the mortgage company (and named resident) and am contemplating... Read more »

Michael David Siegel
Michael David Siegel answered on Jul 16, 2019

You can just pay the mortgage. The bank does not care where the cash come from. As to the debts, you are not liable personally. If the debt exceeds the asset value of the estate, there is no benefit to an estate.

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5 Answers | Asked in Bankruptcy for New Jersey on
Q: I live in New Jersey and own a home. I would like to know if I file bankruptcy if I would lose my house?
Leonard R. Boyer
Leonard R. Boyer answered on Jul 13, 2019

No, you do not have to lose your home. In fact by filing a Complex Chapter 13 Bankruptcy and seeking a mortgage loan modification through the Bankruptcy Court's mortgage modification. You need to retain an experienced mortgage foreclosure defense and bankruptcy attorney, who has a proven track... Read more »

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2 Answers | Asked in Bankruptcy for New Jersey on
Q: Does name on mortgage also need to be on the deed to use the fed exemption amounts for both spouses in a bankrupty?

Hello

I am a homeowner in NJ in which my spouse's name is on the mortgage, but not on the deed. Would we still be able to claim the double home equity federal exemption in a bankruptcy case?

Michael David Siegel
Michael David Siegel answered on Mar 21, 2019

You would not. Only the owner can claim.

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3 Answers | Asked in Bankruptcy for New Jersey on
Q: In chapter 13 for more then a year, found a great paying job and then got laid off !

I have been in chapter 13 for more then a yr. due to a death of a spouse and the loss of a job. I found another great paying job and went to court and the lender said, I could start paying my mortgage & back arrears again and the judge & trustee agreed, but the lender made me sign a paper... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Jan 26, 2019

You need to have an in person consultation with an attorney who is actually and experienced mortgage foreclosure defense and bankruptcy attorney, who is familiar and knows how to utilize the Bankruptcy Court's mortgage modification program. But unless you can obtain employment or start a... Read more »

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1 Answer | Asked in Bankruptcy for New Jersey on
Q: Hi , I need to file for bankruptcy what are the requirements to be eligible for pro bono services, i don't have money .
Karra Kingston
Karra Kingston answered on Jan 25, 2019

You should contact your local bar association and ask them

3 Answers | Asked in Bankruptcy for New Jersey on
Q: I am in bankruptcy chapter 13 so why is the mortgage company trying lift the Automatic stay

I have been in bankruptcy chapter 13 since February 2018. I pay the trustee On time and is up to date I pay my insurance homeowners on time and all my bill.so why is the mortgage company trying to lift the automatic stay

Karra Kingston
Karra Kingston answered on Jan 3, 2019

There are many reasons. You should contact your bankruptcy attorney .

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1 Answer | Asked in Bankruptcy and Collections for New Jersey on
Q: Can a judgement for a funeral bill attach a lien to your property if it is a low income unit?
Leonard R. Boyer
Leonard R. Boyer answered on Dec 23, 2018

Yes, it certain can, after the creditor gets a Judgment against you. To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation with an experienced bankruptcy attorney.

1 Answer | Asked in Foreclosure and Bankruptcy for New Jersey on
Q: My home was sold to Third Party at Sheriff Sale. He picked up the Deed and Title. How do I get him to record the Deed

My home was sold to Third Party at Sheriff Sale. He picked up the Deed and Title. How do I get him to record the Deed. I no longer own the home but he just keeps saying he will record the deed and title but has not. He has changed the locks and moved into the home.

Leonard R. Boyer
Leonard R. Boyer answered on Dec 13, 2018

You cannot force the issue. But you do need to file for Chapter 7 Bankruptcy to eliminate any financial liability for the property. Chose the best Bankruptcy attorney that you can find.

4 Answers | Asked in Bankruptcy for New Jersey on
Q: Bankruptcy

Im behind on credit card debt and Americam express filed papers with court this will i still be anle to file for chapter 7

Karra Kingston
Karra Kingston answered on Dec 12, 2018

I would need more information to know if you qualify. But I’m a Chapter 7 lawsuits can be included when filing a chapter 7 and could be included as long as you qualify.

It is important to consult with an experienced attorney

Https://bankruptcylawnynj.com

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4 Answers | Asked in Bankruptcy for New Jersey on
Q: Looking to file chapter 7

The wife and i have an extended family of 8 in our home it has placed a burden on us financially im not sure of income limits in NJ our net after tax is around 85,ooo

Leonard R. Boyer
Leonard R. Boyer answered on Dec 12, 2018

Yes you will be able to file for Bankruptcy, your income is not a problem at all. Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally... Read more »

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2 Answers | Asked in Bankruptcy for New Jersey on
Q: I am in chapter 13 and paying my mortgage and back arrears !

I have been in Chapter 13 for over a year, I have a new much paying job and I am now paying my mortgage and back arrears without missing or being late on payments. I am talking with the court to let me refinance my mortgage with another lender. The Mortgage broker has told me that my credit score... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Dec 10, 2018

If you don't already have an experienced Chapter 13 attorney, then you need to get one. This is not the way to handle your case. You are NOT likely to get a refinance while in Bankruptcy and if the mortgage broker you spoke to told you that, then they are clueless or have some nefarious... Read more »

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2 Answers | Asked in Bankruptcy for New Jersey on
Q: We filed a chapter 7 bankruptcy in 2013, not including our manufactured home loan, but now it's in charged off status?

We filed a chapter 7 bankruptcy in 2013, not including our manufactured home loan (just credit cards). And after that we were put into a charged off status with the bank for the home. We were never told by the lawyer what this means and are still unsure but have made payments every month besides... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Nov 27, 2018

Your situation requires an in person consultation with an experienced bankruptcy attorney and a review of your petition and all documents related to your bankruptcy. The fact that your credit report says something is charged off, is of no legal significance. Do not let geographic restrictions get... Read more »

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2 Answers | Asked in Bankruptcy, Consumer Law and Foreclosure for New Jersey on
Q: I was evicted from my home and left a 60% full propane tank, and the supplier is trying to bill me for the full tank.

I recently went through a bankruptcy in which I included my home, and subsequently a foreclosure (in NJ). I remained in the home during this whole process and paid the propane supplier monthly, as I needed the fuel to live there. When I left the home the tank contained 60% fuel. I'm willing to... Read more »

Michael David Siegel
Michael David Siegel answered on Nov 19, 2018

If the delivery was after the filing date of your case, it is not a part of the bankruptcy.

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4 Answers | Asked in Bankruptcy for New Jersey on
Q: My wife and I filed chapter 7 bankruptcy 5 years ago she passed away and I want to put money into a money market account

The bank that I want to put it in is a bank that we had a credit card with,can they claim that money for back payment?

Karra Kingston
Karra Kingston answered on Nov 14, 2018

No not if they were included in your previous bankruptcy filing.

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5 Answers | Asked in Bankruptcy for New Jersey on
Q: A friend had her husband file bankruptcy nj without her knowledge. How can she recieve info
Stuart Nachbar
Stuart Nachbar answered on Nov 6, 2018

She can go online, www.pacer.gov, to get info. Also she can call the court, either Newark, Trenton or Camden depending in where they live.

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4 Answers | Asked in Bankruptcy for New Jersey on
Q: Is there a time frame on when you can get another credit card after you've filed for bankruptcy?
Michael David Siegel
Michael David Siegel answered on Oct 31, 2018

Small balance cards are offered immediately.

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4 Answers | Asked in Bankruptcy for New Jersey on
Q: I am in chapter 13 and working on paying my mortgage and back arrears !

I am in chapter 13 bankruptcy and my lawyer worked out a repayment plan for my back arrears while I keep paying my mortgage. I have been in the repayment plan for a year now and haven't missed or been late with a payment. I made a list up of all my bills that I have to pay. The Lender, Trustee... Read more »

Karra Kingston
Karra Kingston answered on Oct 15, 2018

You could pay your insurance outside of the plan. Are you a year behind on your car insurance?

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4 Answers | Asked in Bankruptcy for New Jersey on
Q: Can the owner of a closed business discharge a judgment from the NJ Workers Comp Fund in a Chapter 7 Bankruptcy
Timothy Denison
Timothy Denison answered on Oct 13, 2018

Probably not, but you need to hire an experienced bankruptcy attorney to evaluate and present your claim.

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4 Answers | Asked in Bankruptcy for New Jersey on
Q: I filed for Chapter 13 over a year ago and have been trying to refinance without any luck !

My wife passed away and took half of our income when she passed. I filed for Chapter 13 to save my home. I found a great paying job and got back on track and have been paying my mortgage & back arrears on time for the last year. I have my credit score up to around 630. I tried to find a lender... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Oct 13, 2018

You would need the Trustee and Court's permission to refinance the house will in Chapter 13 Bankruptcy. Hopefully you are represented by an experienced Bankruptcy attorney, otherwise you need to retain one.

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