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 »

Can Student Loans Be Discharged in Bankruptcy?

In re Mathieu, __ B.R. __ (Bankr. D. Minn. 2013) is a bankruptcy case out of Minnesota but we believe it has value for our New Jersey readers. The undue hardship standard for discharging student loans applies nationwide, and is a tough hurdle. Student Loan Debt in Bankruptcy   Many careers require a college education, but… Read more »

Fraudulent Transfers and Bankruptcy in New Jersey

When Can the Trustee Avoid the Transfer of Property in a Divorce Settlement? Even if a debtor declares bankruptcy, creditors have rights to collect on debts that are owed to them. Bankruptcy law includes certain protections for creditors’ rights. One such rule allows a bankruptcy trustee to void fraudulent transfers when the debtor: made such… Read more »

Five Laws Every Consumer Should Know

5 Laws Every Consumer Should Know 1. Fair Debt Collection Practices Act When you default on a debt, your creditor will often sell that debt to a third-party debt collection agency. That used to mean you were in for constant phone calls at any time of the day or night, threats of lawsuits, and even… Read more »

Will My Chapter 13 Bankruptcy Be Approved?

What Happens if the Someone Objects to My Chapter 13 Bankruptcy? Before your Chapter 13 plan can be confirmed, the court must allow the trustee and your creditors the opportunity to review the plan and make objections if they wish. Why would a creditor or the trustee object? Usually because they would like to see… Read more »

NJ Bankruptcy Exemptions: Will I Lose My Property?

NJ Bankruptcy Laws: What Property is Exempt? When you file for bankruptcy, you may claim certain property as “exempt” from the bankruptcy proceedings. Your exempt property does not become a part of your bankruptcy estate and cannot be used to pay back your creditors. If the exemption doesn’t cover the entire value of the property,… Read more »