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Posts

• A proposed New Years resolution: review finances and plan ahead; if bankruptcy might be an option, do not ignore it
• Addressing Student Loan Debt with a Chapter 13 Bankruptcy
• After a bankruptcy discharge, what to do when mortgage holders and secured creditors go too far.
• After the storm, dealing with insurance claims is fraught with traps
• Alternatives to Filing for Bankruptcy Protection
• An object lesson for creditors: Countrywide Home Loans hit with $85000.00 in legal fees for violation of the automatic stay
• Another year of tax relief for short sales and deeds in lieu of foreclosure.
• Are You Responsible for Your Spouse’s Debts in a Bankruptcy Proceeding?
• Avoiding being a fraud victim shopping during the holidays
• Avoiding mortgage and debt relief scams
• Avoiding the debt trap: high-interest car title loans
• Avoiding the Means Test in Bankruptcy
• Bankruptcy and Business Litigation
• Bankruptcy and Divorce — Which Comes First?
• Bankruptcy and Inheritance
• Bankruptcy and Retirement Benefits
• Bankruptcy and your credit report- when do bankruptcies or other adverse reports come off my credit report?
• Bankruptcy courts: foreclosure is not time-barred until 6 years after last payment due date specified in the mortgage or note
• Bankruptcy Fraud in the News
• Bankruptcy Is Not a Failure—Exploding Bankruptcy Myths
• Bankruptcy Pros and Cons When facing Foreclosure
• Bankruptcy vs. Debt Reconsolidation
• Being resilient in midlife debt crises
• Being sued on student loans? Demand documents to support the loan
• Budgeting for businesses and individuals is the key first step to taking back control of your finances
• Business Bankruptcy Solutions
• Business bankruptcy solutions for the small business
• Buyers needing FHA mortgages will pay higher fees
• California audit exposes widespread irregularities in foreclosures there
• Can a Bankruptcy Filing Help You Save a Business?
• Can Bankruptcy Help You If You Owe Money Because of a Car Accident?
• Can Criminal Debts Be Discharged?
• Can I Keep the Proceeds of Lawsuit if I File for Chapter 7 Bankruptcy?
• Can I Save My Home from Foreclosure with a Bankruptcy Filing?
• Can Student Loans Be Discharged?
• Challenges to the Discharge of Luxury Purchases and Cash Advances
• Changes coming to judicial foreclosure in New Jersey?? Is the process speeding up? Is “cash for keys” going to be a real solution? Welcome developments but uncertainty.
• Changes in Law Help People with Medical Debts
• Chapter 13 to Manage Tax Arrearages
• Chapter 13 trap for the unwary: not listing a creditor in time could mean you still have that debt to pay when the case is over!
• Chapter 7 Bankruptcy Filing to Keep Your Home
• Chapter 7 for Small Businesses
• Chapter 7 or Chapter 13 – Which Is Right for Me?
• Choosing Between Chapter 7 and Chapter 11 When Closing Down a Business
• Choosing Between Chapter 7 and Chapter 11 When Continuing a Business
• Choosing the Right Bankruptcy Filing When You Owe Money to Your Ex-Spouse
• Closing a Business and Immediately Starting a New One
• Closing the First Meeting of Creditors- it is more important than you think
• Concealing assets in bankruptcy? New decision shows again how costly this risky maneuver can be.
• Cram down or strip off– a way to surface after being underwater
• Credit is a two-edged sword: Businesses, like people, have to be careful how they use it
• Credit Reporting Agencies promise to make it easier to correct credit report errors.
• Creditors, especially medical bill collectors, ignoring bankruptcy and becoming lawbreakers
• Debt Collectors Prone to Violation of Bankruptcy Discharge
• Debts for Embezzlement and Violations of Fiduciary Duty
• Debts for Willful and Malicious Injury
• Debts Secured by Purchased Personal Property
• Debts Secured by Purchased Personal Property
• Defending Collections Lawsuits on Credit Cards
• Discharging Non – Support Debts to an Ex-Spouse
• Disposing of Property Before You File for Bankruptcy
• Do You Qualify for Chapter 13 Bankruptcy Protection?
• Doctors Being Driven Into Bankruptcy
• Doing business with businesses in Chapter 11 and trustees in bankruptcy-the importance of getting paid and knowing the ropes
• Dos and Don’ts of Home Loan Modifications
• Drowning in debt? Losing your home? Here is how to overcome the stress and take back control of your life.
• Eligibility for Chapter 7 Bankruptcy in New Jersey
• Estate Planning property transfers and gifts-the hidden trap of fraudulent transfer liability
• Even lawyers getting scammed over the Internet.
• Even the big guys are guilty of making matters worse through denial-Detroit’s bankruptcy experience is an object lesson for many others
• Federal Trade Commission reveals the truth about debt buyers- debtors be savvy and demand proof
• File your tax returns before the IRS does a tax assessment, or you could lose your right to discharge taxes
• Filing Bankruptcy Without Your Spouse
• Filing bankruptcy? Your bank may freeze your checking account!
• Filing Chapter 13 Before a Divorce
• Filing Chapter 7 Before a Divorce
• Filing for Bankruptcy Again — Do You Still Get Protection from Creditor Harassment?
• Filing for Bankruptcy Again — Rights and Restrictions
• Filing for Bankruptcy Protection vs. Doing Nothing
• Getting a business loan requires planning
• Good Reasons Not to Handle Your Own Bankruptcy Filing
• Hand over all your money! 9th Circuit holds that a bankruptcy trustee can require a debtor to turn over entire bank account balance without credit for checks which cleared after bankruptcy was filed
• Happy Halloween!
• Happy Independence Day
• Happy Thanksgiving
• Harry S. Truman- an example why bankruptcy is not a “badge of shame”
• Heading for bankruptcy? Paying your children’s college expenses could create “clawback” headaches for them and their college
• Health Savings Accounts not protected in bankruptcy, 8th Circuit BAP holds
• How a Chapter 20 bankruptcy can help save a home from foreclosure after a Chapter 7 discharge
• How Chapter 13 Really Works When You Are Behind on a Mortgage
• How Chapter 13 Really Works When You Are Behind on a Vehicle Loan
• How Chapter 13 Really Works When You Owe Income Taxes
• How Chapter 7 Really Works When Keeping Your Home
• How Chapter 7 Really Works When Reaffirming a Vehicle
• How Chapter 7 Really Works When Reaffirming a Vehicle
• How Chapter 7 Really Works When Surrendering Your Home
• How Condo Fees and Assessments are Treated in Bankruptcy
• How creditors in bankruptcy can lose out by “sleeping on their rights”
• How debt buyers and creditors get judgments when they do not have a right to sue, and what you can do about it
• How Does the Means Test Work?
• How small family owned businesses succeed, and how to avoid feeding a failing enterprise
• How Soon Can You File for Bankruptcy in New Jersey
• How the Bankruptcy Trustee Investigates Fraud Allegations
• How to Avoid Tax Levies and Garnishments
• How to Find a Good New Jersey Bankruptcy Attorney
• How to handle illegal or improper collection efforts during or after a bankruptcy
• How to Stop Collection Lawsuits Against You
• How to Stop IRS Garnishments and Levies
• How to Stop Vehicle Repossession
• How We Got into This Financial Crisis – and How to Get Out
• How Will Bankruptcy Affect Your Present or Future Employment?
• Increasing numbers of million dollar homes going to foreclosure
• Inherited IRA’s are not part of a bankruptcy estate in New Jersey, Bankruptcy Court holds
• Is Bankruptcy a Good Idea for Senior Citizens Struggling with Medical Bills?
• Is the foreclosure mess ending? Hopeful signs but careful planning still needed.
• Joint bank accounts can create traps and legal headaches when financial problems arise.
• Judgments have life after bankruptcy, a New Jersey Court rules
• Keeping debt collectors honest and how best to respond to them
• Leaving home? A bankruptcy discharge may not protect you from association dues or liability claims
• Legal Actions that Are Not Affected by a Bankruptcy Filing
• Lenders being sued for violating the bankruptcy discharge when they refuse to correct your credit report to show listed debts as discharged
• Lenny Dykstra pleads guilty to bankruptcy fraud and could get 30 months in prison for stripping his house of valuables
• Lessons from the Dark, Lucrative World of Debt Collection
• Look before you leap into owning your own business! A cautionary tale.
• Losing the Automatic Stay in Bankruptcy
• Mediation now required in New Jersey Bankruptcy Court- but you have more choices than first appears
• Medical billing errors can destroy your credit
• Medical bills and billing traps-a prime cause of financial problems
• Meeting the Chapter 7 Means Test Requirements
• MF Global Trustee waives attorney client privilege and turns over emails to investigators- a cautionary tale how a bankruptcy can open a can of worms for the unwary.
• Mortgage Foreclosure attorneys in New Jersey will be busy as mortgage foreclosures are up and climbing
• Mortgage lender sanctioned for violating discharge injunction by repeated calls to discuss alternatives to foreclosure after being told to stop and after debtors locked out of home
• Mortgage Modification? Try filing bankruptcy…
• Moving out of your home could deprive you of protections under the New Jersey Fair Foreclosure Act
• Navigating the tricky waters of medical bills-to protect yourself against errors and abuses you need to watch and keep good records
• New Jersey foreclosures and loan modifications: improving and moving faster, but for how long
• New Jersey law allowed “fast track” foreclosure of vacant and abandoned property
• New study shows bankruptcy for those that need it improves long-term creditworthiness
• NJ Court rules that failure to properly list a judgment holder in bankruptcy prevents later removal of lien from real estate
• NJ Supreme Court holds arbitration clause in debt-adjustment contract is unenforceable
• NJ Supreme Court to borrowers: don’t sleep on your rights when faced with foreclosure
• Non-Business Exemptions from the Means Test
• Not your usual dull bankruptcy case…!!
• NY Fed Study shows that for those drowning in debt, a bankruptcy results in a faster improvement in credit scores
• Options When Facing a Home Foreclosure
• Our Unique Approach to Bankruptcy and Debt Relief Representation
• Penny-wise and pound-foolish: phony bankruptcy law firm caught and shut down, but what about their clients?
• Pensions, IRA’s and 401K’s are protected against creditors, but watch out for disqualification
• Positive New Year Thoughts – even during financial uncertainty
• Post petition payments and the “New Value” defense to preference suits-Third Circuit Court of Appeals holds they do not affect the outcome
• Protecting co-owners of bank accounts when filing for bankruptcy
• Protecting or rebuilding your credit- tips from CARE
• Protecting Your Rights with Aggressive Creditors
• Protecting Yourself and Your Company in the Face of Business Litigation
• Protecting yourself from fraud and identity theft
• Protecting Yourself from Mortgage Problems
• Rebuilding Credit after Filing for Bankruptcy
• Rebuilding Your Credit Rating after a Bankruptcy Filing
• Recording calls with debt collectors to document or deter abuse-watch out for these and other traps!
• Regulators report Homeowners Harmed by Loan Companies
• Resurrection of the subprime mortgage mess-this time in car loans
• Revel CEO resigns weeks before expected bankruptcy filing
• Right and Wrong Ways to Close Down a Business
• Risking the Loss of a Discharge because of Dishonesty
• Seasons Greetings and Happy New Year!
• Seeking a Loan Modification
• Senate proposes new law to make some student loans dischargeable in bankruptcy
• Seniors in financial trouble recommended to consider using bankruptcy to help protect assets.
• Short sales and modifications- the system is not working, still…
• Should You Close the Business Down?
• Small Business Debt Organization – Chapter 11 or Chapter 13
• Starting a Business – Is it for you?
• Starting over after business failure: your debts can follow you if you get it wrong
• Staying the course on the road back to work, and getting the fresh start you need once you get there
• Student loan debt at record levels- what options are there?
• Student Loan debt is the looming new crisis- but some options are open to dealing with collectors
• Student Loan debt? Here are some resources and ideas
• Student loans-a $2.5 trillion debtload-will the Supreme Court provide some relief?
• Student loans-dealing with a system stacked against the borrower
• Student Loans-nondischargeable in bankruptcy-time for a change?
• Supreme Court now decides to answer the questions it ducked in Arkison-what can a bankruptcy court decide, when and how?
• Supreme Court rules that Bankruptcy Courts can enter final judgments in Article III controversies where the parties consent by act or deed
• Surefire Strategies to Lead Your Business to Bankruptcy, Part One
• Surefire Strategies to Lead Your Business to Bankruptcy, Part Three
• Surefire Strategies to Lead Your Business to Bankruptcy, Part Two
• Taking Advantage of New Jersey’s Generous Bankruptcy Exemptions
• The Best Option in Bankruptcy When You Have Student Loans
• The continuing obligation to accurately list all claims and property in bankruptcy: what you do not list can cost you plenty.
• The Different Grounds for Non-Dischargeability of Debts in a Bankruptcy
• The Federal Exemptions in a Chapter 7 Bankruptcy
• The Hardship Discharge for Student Loans
• The hidden hazards in failing to list every possible debt or claim in a bankruptcy- you might not be protected!
• The Homestead Exemption in a New Jersey Chapter 7 Bankruptcy
• The Impact of Bankruptcy on Jointly Owned Property
• The Implications of Bankruptcy for a Cosigner
• The Income Side of the Means Test
• The Most Effective Way to Discharge Debt – Be Honest with Creditors
• The New Jersey Bankruptcy Exemptions
• The New Jersey Motor Vehicle Exemption in a Chapter 7 Bankruptcy
• The Simplest Chapter 13 Bankruptcy Filing
• The Simplest Chapter 7 Bankruptcy Filing
• The Simplest Chapter 7 Bankruptcy Filing
• The Vehicle Cramdown Procedure in Bankruptcy
• Third Circuit Court of Appeals: Chapter 13 debtors may have a grace period to complete their plan after 60 months
• Third Circuit Court of Appeals: Reckless disregard for truth may be enough to keep a debt from being discharged
• Third Circuit to injured plaintiffs- your claim can be discharged before you know it exists
• U.S. Court of Appeals Reverses Ruling in Bankruptcy Case Involving Inherited IRA Funds
• U.S. Supreme Court to Hear Important Bankruptcy Case
• Understanding Bankruptcy Mediation
• Understanding the Discharge of Debt in Bankruptcy
• Upfront and Honest
• US Supreme Court clarifies when trustees may lose their right to a discharge
• US Supreme Court holds that inherited IRA’s are not “retirement funds” that can be exempted in bankruptcy, but New Jersey residents may have other protections
• Using a Chapter 13 Bankruptcy Filing to Keep Your Home
• Using a Chapter 13 Bankruptcy to Help Sell Your Home
• Using Bankruptcy to Save Your Business
• Using Bankruptcy for Medical Bills
• Using Bankruptcy to Close a Business
• Using Chapter 13 to Address Mortgage and Property Tax Arrearages
• Ways that You Can Minimize the Likelihood of Bankruptcy
• Ways That You Can Risk Losing Your IRA in a Bankruptcy Filing
• What Color Is Your Parachute: A Guide for Getting Control of Your Life
• What Constitutes Bankruptcy Fraud
• What is a “residence” that a debtor can claim as exempt? NJ Bankruptcy judge holds that it must be a place of permanent residence.
• What is a Discharge of Debt?
• What to Do If You Expect Your Vehicle to Be Repossessed
• What to Do If You Have Been Sued on a Fraudulent Transfer
• What to Do When You Are Sued on a Preference Claim
• What to Do When Your Business is in Trouble
• What to Expect from a Bankruptcy Filing
• When can a Bankruptcy Court enter a final decision? The Supreme Court punts, and muddies the waters
• When It’s Time to File for Bankruptcy
• When Tax Debts Can Be Discharged in Chapter 7
• Where are the Foreclosed Properties Going??
• Why having medical insurance is essential to your financial well-being
• Why You Shouldn’t Try to File for Bankruptcy Yourself
• Will a Bankruptcy Filing Help Your Small Business?
• Will a Bankruptcy Filing Make It More Difficult to Earn a Living?