There Are No Debtors’ Prisons in America But Disobeying a Court’s Order Can Get You Locked Up!
There Are No Debtors’ Prisons in America But Disobeying a Court’s Order Can Get You Locked Up!

A recent story about a Fox26 News - Student Loan Nightmare in the New York Times about a man who owed a $1,500.00 student loan debt provides an example of why debtors may wrongly believe that failure to pay a...

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Bankruptcy Law & Unclean Hands: Do Two Wrongs Make a Right to Discharge a Debt?
Bankruptcy Law & Unclean Hands: Do Two Wrongs Make a Right to Discharge a Debt?

Although a Consumer Chapter 7 Bankruptcy is intended to provide a "fresh start" for debtors, not all debts are dischargeable in bankruptcy.  In the matter of Northbay Wellness Group, Inc. v. Beyries, 2015 U.S. App. LEXIS 9397 (9th Cir. Cal. June...

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Use of the Truth in Lending Act as a Defense to Foreclosure Limited by the Three Year Notice Provisions of the Act
Use of the Truth in Lending Act as a Defense to Foreclosure Limited by the Three Year Notice Provisions of the Act

The Truth in Lending Act, 15 U.S.C. §1601 et seq (TILA) was intended to protect consumers in consumer credit transactions and requires that lenders provide consumer borrowers with full disclosure of the terms and conditions of the loans they make,...

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Filing a Chapter 7 Consumer Bankruptcy: Look Very Carefully Before You Leap to Avoid Very Unpleasant Surprises
Filing a Chapter 7 Consumer Bankruptcy: Look Very Carefully Before You Leap to Avoid Very Unpleasant Surprises

In the Matter of Santiago-Monteverde, what appeared to be a simple Chapter 7 Consumer Bankruptcy, was ultimately decided in the Debtor’s favor of by the United States Second Circuit Court of Appeals.  Its decision was based upon the advisory opinion...

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Loan Modification May Enable New Jersey Homeowners to Prevent Foreclosure and the Loss of Their Homes
Loan Modification May Enable New Jersey Homeowners to Prevent Foreclosure and the Loss of Their Homes

New Jersey Foreclosures Which Once Took Several Years Can Now Be Completed In Six Months. Loan Modification May Still Offer Multiple Options to Homeowners After Service of the Foreclosure Complaint. Homeowners Seeking Modification Who Are Served With a Foreclosure Complaint...

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Debtors Seeking Bankruptcy Protection to Prevent Foreclosure Should Be Governed by Reason and Planning, Not Emotion
Debtors Seeking Bankruptcy Protection to Prevent Foreclosure Should Be Governed by Reason and Planning, Not Emotion

Careful planning before filing a bankruptcy petition often determines the outcome of the proceeding. For this reason, mammoth corporations and individuals who have very substantial assets devote as much time to planning for a bankruptcy filing as they do for...

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Bankruptcy Court Increase in Filing Fees Effective June 1, 2014
Bankruptcy Court Increase in Filing Fees Effective June 1, 2014

The Judicial Conference of the United States Courts approved amendments to the fees applicable in New Jersey and all Bankruptcy Court cases.   The increases below go into effect June 1, 2014. FILING FEES FOR BANKRUPTCY PETITIONS: Chapter 7 Petition...

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Can a Homeowner Use Bankruptcy to Eliminate Credit Card Debt in NJ?
Can a Homeowner Use Bankruptcy to Eliminate Credit Card Debt in NJ?

The Decline of NJ Home Prices Now Allows Many Homeowners to Use Bankruptcy to Wipe Out Credit Card Debt. The value of home prices in Middlesex County, New Jersey, almost doubled in less than ten years between 1997 and 2007....

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Mortgage Forgiveness Act Exemption Expired on December 31, 2013 And May Have Major Impact on Homeowners Decision to Pursue Bankruptcy in Foreclosure
Mortgage Forgiveness Act Exemption Expired on December 31, 2013 And May Have Major Impact on Homeowners Decision to Pursue Bankruptcy in Foreclosure

Since 2007, homeowners who conducted short sales and other loss mitigation alternatives on their properties were able to exempt any income associated with their mortgage company's write-off of any debt under the federal mortgage forgiveness act.    However, Congress allowed the...

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How Do I Stop Telephone Harassment by a Junk Debt Collector?
How Do I Stop Telephone Harassment by a Junk Debt Collector?

Using Your Rights and Remedies Under the Fair Debt Collection Practices Act to Prevent Debt Collector Abuse. Telephone harassment by junk debt collectors who buy fragmentary information about alleged old debt for about two cents on the dollar and then...

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