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March 11, 2020 David E. Sklar

Should You File an Individual Chapter 11 Bankruptcy or a Chapter 13 Bankruptcy Case?

If you are an individual in need of a bankruptcy reorganization plan, you may be wondering whether you should be filing a chapter 11 bankruptcy case or a chapter 13 bankruptcy case. This blog will...

December 23, 2019 David E. Sklar

Determining Whether to Pursue a Loan Modification or Cure and Maintain Chapter 13 Plan

When an individual is contemplating the best strategy to keep their residence through a chapter 13 bankruptcy plan, a key consideration is generally whether to pursue a loan modification or a cure...

November 11, 2019 David E. Sklar Litigation

CONTEMPLATING A LAWSUIT? MAKE SURE YOU ACT BEFORE THE EXPIRATION OF THE STATUTE OF LIMITATIONS

If you are contemplating a lawsuit against another individual or entity, you must make sure that you bring your lawsuit prior to the expiration of the applicable statute of limitations. This blog...

October 14, 2019 David E. Sklar

Keeping Your Home After a NJ Tax Foreclosure Sale

Previously, I had written a blog exploring what at that time was an unsettled area of the law. That blog explored whether you could utilize a preference avoidance action pursuant to 11 U.S.C. § 547...

September 16, 2019 David E. Sklar

How to Address Post-Petition Arrears on Your Mortgage in Your Chapter 13 Bankruptcy Case

In any chapter 13 bankruptcy case, the maximum plan period for any case is sixty months from when the case is filed. While at the outset of your case it may seem manageable to maintain your ongoing...

August 13, 2019 David E. Sklar Bankruptcy

Should You Include Any Rights Arising from a Lawsuit or Potential Lawsuit in a Bankruptcy?

When filing for bankruptcy, you must file a bankruptcy petition. The Bankruptcy Code requires that the bankruptcy petition contain all of your assets. An asset, which you might not think is an asset,...

July 17, 2019 David E. Sklar Bankruptcy

SCURA, WIGFIELD, HEYER, STEVENS & CAMMAROTA, LLP SUCCESSFULLY MOVES FOR SUMMARY JUDGMENT IN ADVERSARY PROCEEDING BROUGHT BY CREDITORs PURSUANT TO 11 U.S.C. § 523(A)(6)

Recently, I successfully represented a debtor in an adversary proceeding brought by creditors (the Plaintiffs) seeking to have the debt owed to them declared non-dischargeable pursuant to 11 U.S.C. §...

May 16, 2019 David E. Sklar Bankruptcy, Chapter 13

WHAT HAPPENS IF YOUR LIFE CIRCUMSTANCES CHANGE DURING THE COURSE OF YOUR CHAPTER 13 BANKRUPTCY CASE

It is nearly impossible to predict what the future holds in life. Therefore, when you enter a five-year chapter 13 bankruptcy plan, you never know what life changes may be thrown your way during the...

April 5, 2019 David E. Sklar Bankruptcy

The Effect of NJ Jointly Owned Property and Bankruptcy

In many instances, marital couples intertwine their financial affairs. This causes the vast majority of both real and personal property owned by the marital couple to be jointly owned property. This...

March 13, 2019 David E. Sklar Bankruptcy

Treatment of Judgement Liens in Chapter 7 & Chapter 13 Bankruptcies

If someone has obtained a judgment against you and docketed that judgment with the clerk of the superior court in Trenton, then that judgment-creditor has obtained a lien on all your real property...

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