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...
Our Office received a call recently from a property owner who had New Jersey Bankruptcy Court decision which awarded a free house to a Chapter 13 Bankruptcy petitioner. He was convinced that the case he had read about was exactly...
The United States Supreme Court has announced, by granting certiorari in two cases from the 11th Circuit, that it will decide an ongoing issue of whether a Debtor in a Chapter 7 Bankruptcy Case may strip off a junior lien...
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...
Credit Card Debt 'Forgiven', but not forgotten by the IRS We are often consulted by those who are very unpleasantly surprised when after having negotiated a settlement of the amount of the debt they owe, they receive a receive 1099-C...
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....
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...
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...
Based on recent statistical data, bankruptcy filings fell in 2012. The article has some interesting trends about bankruptcy filings including a state-by-state analysis. Filings in New Jersey Bankruptcy Court fell less than the national average. While the...
The Fifth Circuit Court of Appeals has held that a Chapter 13 debtor's Social Security income is not included in calculating the debtor's projected disposable income. See In re Ragos, --- F.3d ----, 2012 WL 5292949 (5th Cir., Oct. 29, 2012)....
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