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 […]

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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 […]

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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 […]

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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, […]

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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 […]

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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 […]

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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 […]

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New Jersey Foreclosure Dismissed Based on Statute of Limitations: The “Free House” Debate Continues

A Bergen County New Jersey Chancery Court has dismissed a mortgage foreclosure action ruling that the action was filed outside the Statute of Limitations.    See Anim Investment Co. v. Shaloub, F-30508-18 (Ch. Div. June 30, 2016).  Bergen County Superior Court Judge Edward A. Jerejian held that since the Plaintiff had accelerated the maturity date under […]

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The Strategic Use of Bankruptcy by Debtors – Gawker Media Files Chapter 11 Bankruptcy and Buys Time

The United States Bankruptcy Code is a powerful tool which, when used expertly, can provide the most precious remedy debtors who cannot pay their current obligations can possess – time.  The remedy of time is not limited to sophisticated large corporate entities like Gawker Media which understand the value of time and use it to […]

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Attorney Cannot Discharge Malpractice Judgment in Bankruptcy By Claiming He Was Clueless

The provisions of the United States Bankruptcy Code are intended to provide fair and orderly relief for the “honest but unfortunate debtor” who can obtain a “fresh start” by distributing available assets, if any, to creditors and discharging debts “unhampered by the pressure and discouragement of preexisting debt.”  Grogan  v.  Garner, 498 U.S. 279, 286–87 […]

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