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New Jersey Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy and Products Liability for New Jersey on
Q: Hello I ordered from difeel and have not heard anything back from them and the tracking number was not ligit

And they have took my money of already for the order so im just wondering if they are a scammer company or ligit pls

Timothy Denison
Timothy Denison
answered on Jul 11, 2021

Sounds like a scammer. Notify your credit card company to deny or reverse payment.

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3 Answers | Asked in Bankruptcy, Business Law and Real Estate Law for New Jersey on
Q: If you personally guarantee a business loan and file bankruptcy, can the bank go after your house/primary residence?

I opened the doors to my s-corp in 2020 and due to covid I may have to file for bankruptcy. I have a great opportunity to buy a house now and don't know if the bank will go after my house for collateral. Should I wait to see what the business does or is it safe to buy a house prior to a... View More

Derek John Soltis
Derek John Soltis
answered on Mar 29, 2021

If you are a personal guarantor, any judgment against you could attach to your home. So, if you file for bankruptcy first, buying a house would most likely be more difficult, but if you buy a home are sued, and the other side wins it could attach to your home as a lien.

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4 Answers | Asked in Bankruptcy for New Jersey on
Q: My sister just lost her husband to COVID. Her husband left her with $100,000 in credit card debt.

They own a home with a mortgage of about $300,000. He owns another home with a mortgage of about 150,000. She’s not working, she’s a retired nurse. Can she claim bankruptcy?

Derek John Soltis
Derek John Soltis
answered on Mar 24, 2021

She would have to provide her documents to a bankruptcy attorney to get the best answer. She most likely could file a chapter 13 to protect the assets which is a repayment plan over 3 to 5 years based on her income. She may even be able to file a chapter 7 to wipe out the excessive debt and still... View More

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4 Answers | Asked in Bankruptcy for New Jersey on
Q: Must you file a motion to obtain court approval to sell this property?

Debtor recently filed a chapter 13 and the plan has been confirmed. There is a property owned by the debtor with the ex-wife that the ex-wife is now fully responsible for, per the divorce agreement, but the debtor's name was never removed from the title. Now ex-wife is looking to sell that... View More

Karra Kingston
Karra Kingston
answered on Feb 11, 2021

Yes, you need approval to sell if his name is on the deed.

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1 Answer | Asked in Bankruptcy, Civil Litigation, Collections and Small Claims for New Jersey on
Q: Post-judgement interest in NJ on Small Claims Court decision has to be explicitly granted?

When judgement is entered in small claims court decision (NJ, less than $3k) - is post-judgement interest automatically applicable if it is not explicitly ordered by judge? I found article that says usually it is automatic per federal standards, but I don't want simply to assume this. Any... View More

Stuart Nachbar
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Stuart Nachbar
answered on Feb 10, 2021

Yes it is automatic once judgment is entered

2 Answers | Asked in Bankruptcy, Consumer Law, Business Law and Collections for New Jersey on
Q: I have a judgement against me how can I vacate it?

I did a confession of judgment for a merchant cash advance, I had to close a small businesses that I had and with the confession of judgment the cash advance companie got a judgment against me, I read that confession of judgment doesn't apply out of the state of NY, I live in New Jersey an... View More

Timothy Denison
Timothy Denison
answered on Feb 10, 2021

Likely it will not be vacated bc you agreed to it. Hire a bankruptcy attorney to evaluate your financial situation and consider filing chapter 7 to eliminate the judgment.

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2 Answers | Asked in Bankruptcy for New Jersey on
Q: I was told My chapter 13 case was dismissed because my lender was not agreeable to resetting my timetable for payment

I know the trustee was asking for a consent order for adequate protection payments for months..i been in bankruptcy for about 5 months why would the timetable have to be reset

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 11, 2021

I do not know whether or not you are represented by an experienced Bankruptcy attorney, or not, but if you are, then all your questions need to be directed to the attorney. Otherwise, you must retain counsel and have a document review and discussion of your present situation in order to provide... View More

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3 Answers | Asked in Bankruptcy, Estate Planning, Banking and International Law for New Jersey on
Q: If Im poa on my Dad's account, that can't be affected by my bankruptcy? Also can I open a new account with us both on?

My father is moving to a new country next week and I am newly appointed durable power of attorney over his financial accounts.... If I file bankruptcy that shouldn't effect his banks accounts correct? Also I was thinking of opening a new checking account with my father and myself as joint... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 10, 2020

Do not open any bank accounts until after your bankruptcy is discharged. Do not look for problems. You also need to be represented by an experienced Bankruptcy attorney. What you do not know can cause you all sorts of problems. You really need to leave things alone. Even with the Pandemic, if you... View More

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3 Answers | Asked in Bankruptcy and Traffic Tickets for New Jersey on
Q: 1986 I lost my license failure paying a traffic ticket i get SSID NJ wants 15.000 restitution should I file bankruptcy

What can i do to get a driver's license is bankruptcy my only option??

Karra Kingston
Karra Kingston
answered on Sep 17, 2020

Generally, fines to government agencies are not dischargeable in a Chapter 7. Fines intended to pincushion your for some type of action are not dischargeable as it would go against public policy.

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4 Answers | Asked in Bankruptcy and Tax Law for New Jersey on
Q: What are the effects on a Municipal tax lien, When property owner subsequent files for bankruptcy protection.

Lien is bought and held by private investor. State of New Jersey.

Derek John Soltis
Derek John Soltis
answered on Sep 16, 2020

The lein stays attached to the property and continues to gather interest. If a foreclosure has been initiated, that will be stayed pending the bankruptcy. If chapter 13 is filed, then the lien can be paid off in the chapter 13 bankruptcy.

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4 Answers | Asked in Bankruptcy and Consumer Law for New Jersey on
Q: Our house was foreclosed on last year and bankruptcy was dismissed. My brother I law passed away. My mother in law wants

to put his house in my husband and his sisters name because she is 90 yrs old

Can he have the house in his name.

Michael David Siegel
Michael David Siegel
answered on Aug 13, 2020

Yes, but if you are planning on filing again for bankruptcy then it could be an issue.

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5 Answers | Asked in Bankruptcy for New Jersey on
Q: Would a judgement received as a result of a personal injury case from an auto accident be dischargeable in bankruptcy?

My husband just learned that there was a $75k judgment against him and his co-defendant in a personal injury case from 2007, but judgment was placed in 2010 without him ever receiving any notice for court, about the judgment, etc. He was aware of the case and got to the point where they were... View More

Karra Kingston
Karra Kingston
answered on Aug 5, 2020

Yes, it could be discharged in bankruptcy. As long as it wasn’t for drinking and driving

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4 Answers | Asked in Bankruptcy for New Jersey on
Q: In bankruptcy (Ch. 7), how to I distinguish between something I own and something my father or wife own?

I was renting a piano, but my father said I could use his piano rather than lose money on the rental. Its ambiguous if he "gave it to me" (It is obviously a long term loan, but its understood my job is to take care of it although it'll be mine in the future.) I'm thinking of... View More

Ivan Raevski
Ivan Raevski
answered on Aug 3, 2020

I don't think there is anything ambiguous about this. If your father owns the piano, it is his asset, not yours so it would not be in the bankruptcy estate. Doesn't matter if you are using it long or short term and the location of the item. It is another person's property and will... View More

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2 Answers | Asked in Bankruptcy, Criminal Law, Divorce and Family Law for New Jersey on
Q: Need to know, does one need to show their martial-status on the deed of ownership in NJ? Thinks 25% is his.

Believe a man I love is being wronged and abused, for years; by one he thinks is his wife. After hearing from his family I've investigated; what's found is shocking?! This woman pushed him into marriage by having a child; And in 5 yrs 6 ms 19 ds, now…!? From " I Do"... View More

Timothy Denison
Timothy Denison
answered on Jul 20, 2020

Yes. Single or married.

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3 Answers | Asked in Bankruptcy for New Jersey on
Q: Is there any statues of limitations on an attorney committing fraud, stealing your money

Filed bankruptcy stole my money

Karra Kingston
Karra Kingston
answered on Jun 29, 2020

You can call the bar association

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2 Answers | Asked in Bankruptcy for New Jersey on
Q: Can someone direct me to a bankruptcy attorney for Trenton NJ that does free consultation and also pro bono?
Timothy Denison
Timothy Denison
answered on Jun 22, 2020

Call the NJ Bar Association or the Trenton Legal Aid Society. They both maintain lists of pro bono or reduced fee lawyers.

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5 Answers | Asked in Bankruptcy for New Jersey on
Q: Do i need to disclose my Snap Benefits when I am filing for Bankruptcy.

I’m getting help through legal aid but the assistant that is helping me Asks me repeatedly for my snap amount and if I’m receiving any type of gov’t assistance and today I received a monthly expenses sheet to fill out and it seems she added a question herself which states amount I spend on... View More

Derek John Soltis
Derek John Soltis
answered on Apr 30, 2020

Yes. Disclose everything. Any source of income or aid needs to be disclosed to the trustee. If you qualify for SNAP odds are you well under the threshold for the means test to qualify for a chapter 7.

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3 Answers | Asked in Bankruptcy, Civil Litigation and Contracts for New Jersey on
Q: Can a co-signer restart the statue of limitations for the borrower on an old debt by entering into a repayment agreement
Karra Kingston
Karra Kingston
answered on Apr 14, 2020

Generally, a cosigner can revive the statute of limitations on an old debt by making a payment or by agreeing to begin making payments (depending on state law).

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4 Answers | Asked in Bankruptcy and Social Security for New Jersey on
Q: In New Jersey, will I be able to keep stimulus check 2020? I'm disabled on SSI and SSD and will be filing chapter 7.

I'm in the process of starting Chapter 7 and will be receiving help from nonprofit organization that provides legal services to low income individuals. I was assigned a lawyer but because of COVID-19 was not able to meet and give the packet of information they sent me to him. Another... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2020

No one here can provide a precise answer to your questions, and despite the COVID-19 pandemic you can still send your bankruptcy information packet to the attorney. Your bankruptcy cannot start until your attorney files the petition with the Court, which can be done electronically. Since you have... View More

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4 Answers | Asked in Bankruptcy, Foreclosure and Real Estate Law for New Jersey on
Q: My grandmother co-signed a house in NJ now it's in foreclosure. She is 84 lives in FL only social security. Advise?

The main signer filed chapter 13 last year. He fell behind now bankruptcy case is voided. He will get wages garnished. My concern is to protect my grandmother. With her living in florida I'm not sure where to start .

Karra Kingston
Karra Kingston
answered on Mar 31, 2020

I’m not really sure if your grandmother is trying to save her one or not. I would need more information I would suggest contacting a Bankruptcy lawyer in Florida where your grandmother lives.

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