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New Jersey Bankruptcy Questions & Answers
4 Answers | Asked in Bankruptcy for New Jersey on
Q: What if someone is guilty of non-compliance with multiple civil court orders prior to bankruptcy filing?

If he is found guilty of perjury on his bankruptcy forms would he be bound to the court orders of the civil suit? The contract for the sale of my house was drawn up the day before he filed for bankruptcy. He ignored a court order and refused to sign and ignored multiple orders prior to that one.... Read more »

Karra Kingston
Karra Kingston answered on Feb 13, 2020

Call the trustee or attend his meeting of creditors they will tell you how to proceed.

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4 Answers | Asked in Bankruptcy for New Jersey on
Q: Do current court orders have to be carried out when someone files chapter 13

I have a court order forcing the sale of my condo. My co owner, who holds the mortgage was taking my mortgage checks and not paying my mortgage which resulted in forclosure proceedings. The mortgage commitment clearly states that partial payments could be made. He could have applied my half of the... Read more »

Michael David Siegel
Michael David Siegel answered on Feb 10, 2020

Call the trustee. This could be the break you are looking for. The trustee can sell the property.

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3 Answers | Asked in Bankruptcy for New Jersey on
Q: Should medical bills be listed as "consumer debts" on bankruptcy filing?

My bankruptcy lawyer has dropped the ball multiple times on my case that I absolutely have no faith in her handling my case. I'll leave the details leading up out, but the most recent issue is that she never submitted all of my creditors. Now that I am carefully reading the amendment, I am... Read more »

Karra Kingston
Karra Kingston answered on Oct 31, 2019

Yes medical debt would fall under consumer debt

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4 Answers | Asked in Bankruptcy and Collections for New Jersey on
Q: I closed my business.can't pay back my business loan and I personally guaranteed If i get sued and not appear at court?
Michael David Siegel
Michael David Siegel answered on Oct 23, 2019

You will get sued and you should appear and try to settle it.

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3 Answers | Asked in Bankruptcy for New Jersey on
Q: How can I find my docket bankruptcy
Timothy Denison
Timothy Denison answered on Oct 9, 2019

Pacer.gov

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6 Answers | Asked in Bankruptcy for New Jersey on
Q: Why is my bankruptcy lawyer pushing me to sue my last employer and amend my current bankruptcy filing?

I had the absolute worst lawyer file my bankruptcy and overcharge me considerably. I don't know why she is so interested in my personal life but I did mention to her how severely discriminated I was at my last job. I thought about suing my previous employer but decided to let it go and... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Oct 7, 2019

You are free to change your bankruptcy attorney at any time. It is the Bankruptcy Trustee, not your attorney that has the most to gain if you have a valid employment discrimination case. While your bankruptcy attorney will have to perform some additional legal work, she will not gain much, unless... Read more »

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3 Answers | Asked in Bankruptcy for New Jersey on
Q: Is there a way to discharge my remaining bankruptcy lawyer fees for a completely negligent lawyer?

My bankruptcy lawyer charged me $2500 for a chapter 7 - I don't have any hidden assets or a complicated case. I find out that my brother-in-law paid less than half. So far, I paid her $2000. I still owe $500 in 3 monthly installmants. I had to chase her for everything, and I mean... Read more »

Stuart Nachbar
Stuart Nachbar answered on Oct 7, 2019

While I do not condone not paying counsel, I am curious if you have filed the Petition, how she can be collecting on a pre-petition debt when 11 USC 362 says she/he cant. Even counsel fees can be seen pre-petition debt. I have heard of counsel doing this with a broken out Retainer for specific... Read more »

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3 Answers | Asked in Bankruptcy and Contracts for New Jersey on
Q: If there was a forclosure action shouldn't there be a writ of excution in the county records? also shouldn't we be serve

Served by them ? Then by the county sheriff?? I dont see it on there website for a sake. it has not been in paper for 4 weeks dont they have to do all those things before a sheriff sale, since NJ is judicial state? And back in 2017 doesnt our bankruptcy canceled out all there prior fillings..dont... Read more »

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

Your question shows you know little about bankruptcy or foreclosure. Your lawyer should have explained it to you. If your sale has been noticed by posting a notice of sale and advertising it will go forward as noticed.

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4 Answers | Asked in Bankruptcy for New Jersey on
Q: Thinking bout filing for bankruptcy? I live in Pleasantville NJ Atlantic county I have limited funds can I file on my ow

Can I file on my own did any file for free

Stuart Nachbar
Stuart Nachbar answered on Aug 7, 2019

YEs, it is possible to file on your own, but free is another story. You will have to file an Application with the Court to waive the filing fee or pay same in installments. I seriously recommend you call Atlantic County Legal Services (if they have such a thing) and see if they can help you. I... Read more »

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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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