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...
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...
Phone scamming from public information is becoming more and more prevalent with the access to information through online resources. We have seen firsthand the impact of phone scams involving the IRS and other debt collection matters. Now, a recent scam...
Violations of the Truth in Lending Act (“TILA”) as a Defense to Mortgage Foreclosure Limited to Three Years After the Date of the Loan The Truth in Lending Act (“TILA”) was enacted by Congress "to assure a meaningful disclosure of credit...
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...
Foreclosure defense and bankruptcy lawyers are - in one very important way - like plumbers. It is almost always true that the sooner you hire one, the the better the result of the work they do. People facing foreclosure often...
For over three decades we have represented consumer debtors before the United States Bankruptcy Court and the Courts of the State of New Jersey. On occasion, the serious debt problems of our clients resulted from being deceived about money that...
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...
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...
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