Foreclosure Prevention Scammer Targeted NJ Homeowners & Investors

Why Have Foreclosure Prevention Scam Artists Been Able to Convince Many Home Owners That They Would Save their Homes The foreclosure prevention scam described in the recent decision of the United States Court of Appeal for the Third Circuit, United States v. Poulson, 2017 U.S. App. LEXIS 17781, is a tale too often told, and […]

Read More

Foreclosure Q & A – Why Are Children of a Deceased Parent Named As Defendants in a Foreclosure Complaint Against the Parent’s Home?

Being served with a foreclosure complaint is an anxious experience for anyone, but in most cases it is not unexpected. The person served with the complaint knows that they have been served because the mortgage payments on their property are delinquent. In New Jersey, the provisions of N.J.S.A.2A:50-56., require that a homeowner be served with […]

Read More

Bankruptcy FAQ: 2017 Chapter 13 Debt Limits

Bankruptcy Code Chapter 13 Debt Limits Section 109(e) of the Bankruptcy Code establishes debt limits for a debtor, or married couple, to qualify for relief under Chapter 13 of the Code.   As with many monetary amounts in the Bankruptcy Code, the Chapter 13 Debt Limits are adjusted on a regular basis. Current Chapter 13 […]

Read More

New Jersey Foreclosure Defense 101 – Pro Se Answer to Foreclosure Complaint Is Almost Always Useless at Best

Most Pro Se Answers Filed by Defendants in New Jersey Foreclosure Proceedings Are a Waste of Money and Precious Time Defendants in New Jersey foreclosure proceedings sometimes file a a pro se answer to the foreclosure complaint without consulting a foreclosure defense attorney.  When a property owner files an “answer” to the complaint, they do […]

Read More

Did Obama Care Cause the Continuing Decline of Consumer Bankruptcy Filings

Bankruptcy filings have dropped from 1,536,799 in 2010 to 770,846 in 2016. How Much of the Decline Was the Result of the Affordable Care Care Act.? In an article “How the Affordable Care Act Drove Down Personal Bankruptcy” dated May 2, 2017, Consumer Reports concludes that the decline of over 50% in consumer bankruptcy filings […]

Read More

Chapter 13 Bankruptcy Debtor Required to Dispute Legally Unenforceable Proof of Claim

Supreme Court Holds that Debt Collector Who Filed a Claim in the Bankruptcy Court Barred by the Statue of Limitations Did Not Violate the Fair Debt Collection Practices Act, 15 U. S. C. §1692 et seq. In Midland Funding, LLC v. Johnson 2017 U.S. LEXIS 2949, Midland Funding filed a proof of claim which sought […]

Read More

Chapter 7 Bankruptcy Case and New Jersey Wage Garnishments

Bankruptcy Court Holds Consumer Debtor’s Wages, Garnished Within 90 Day Period Prior to Filing Chapter 7 Bankruptcy, Are a Preference A recent decision, Tower Credit, Inc. v. Schott (In re Jackson), 2017 U.S. App. LEXIS 4369, is highlights one of the many substantial benefits that a Chapter 7 Bankruptcy debtor may be entitled.   Specifically, […]

Read More

Chapter 7 Bankruptcy Case Highlights Conflict of Public Policy in Bankruptcy Code

Former CEO Who Filed Chapter 7 Personal Bankruptcy Denied Discharge of Debt Owed to Employees by Insolvent Corporation The Bankruptcy Code provisions relating to a Chapter 7 Bankruptcy case seek to achieve two objectives which frequently conflict with one another.  The “fresh start” provisions of Chapter 7 seek to avoid the creation of a permanent […]

Read More

Chapter 7 Bankruptcy: Failure to Discharge Judgment Liens Can Be Costly Error

A case decided by the Bankruptcy Appellate Panel of the Sixth Circuit, In re: McCoy, No. 15-8056 (6th Cir. 2016), illustrates why New Jersey attorneys representing debtors filing a Chapter 7 or Chapter 13 Bankruptcy Petition diligently do their “homework” before filing. If a bankruptcy debtor owns New Jersey real property, one example of necessary […]

Read More

Small Business Debt – How the American Dream Can Become a Nightmare for Small Business Owners

Owning and operating a small business is, for many, the American Dream.  Unfortunately, the dream has become a nightmare of inescapable debt for many those who have retained us to represent them because they did not understand the “spill-over” consequences of small business debt. The situation has been made worse for many small business debtors […]

Read More