Posts By: Jeff Jenkins

Chapter 13 Bankruptcy and a Second Home

Keeping Investment Property in Chapter 13 Bankruptcy In re Amos – NJ: In re Amos, 452 B.R.  886 (D.N.J. 2011), a bankruptcy case out of New Jersey, teaches us some important lessons. When you file for chapter 13 bankruptcy, keep in mind that your second home is not considered a reasonable expense. A New Jersey Family… Read more »

How Are Unemployment Benefits Treated in Bankruptcy?

Unemployment Benefits and Bankruptcy Bankruptcy law treats social welfare benefits differently from other types of income. Some are considered a statutory right, and bankruptcy can’t touch them. Social Security benefits, for example, are mostly exempt from bankruptcy proceedings. What about unemployment benefits? A fairly recent case out of New Jersey, In re McWilliams, 384 B.R. 728… Read more »

Creditors Must Respect Your Bankruptcy Case

A creditor who disposes of your property after receiving notice that you have filed for bankruptcy has violated the automatic stay and you are entitled to damages The automatic stay is a core precept of bankruptcy. It prevents creditors from pursuing action against the debtor while bankruptcy is in process. The Bankruptcy Court stands between… Read more »

Debtor Files Multiple Bankruptcy Cases to Stave Off Foreclosure

In re Johnson, 2013 W.L. 172455 (Bankr. D.S.C. 2013) You must file bankruptcy in good faith, not as an attempt to game the system The court will dismiss, with prejudice, serial filings intended to stall foreclosure with no intention or ability to reorganize and may grant in rem relief to creditors. Bankruptcy is for reorganization…. Read more »

The Automatic Stay in Bankruptcy Applies to Repossessed Property

Weber v. SEFCU (In re Weber), 477 B.R. 308 (Bankr. N.D.N.Y. 2012) The Automatic Stay in Bankruptcy When a debtor files for bankruptcy, the automatic stay goes into effect. The automatic stay prevents creditors from pursuing action against the debtor in an attempt to collect. Creditors may not contact the debtor, foreclose on property, or… Read more »