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 explore some of the differences between individual chapter 11 and chapter 13 bankruptcy and which chapter may be right for you.
David E. Sklar
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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 and maintain bankruptcy plan. This blog will explore that decision and key considerations in making that decision.
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 will explore what the statute of limitations is and the statute of limitations for some typical causes of action in the state of New Jersey.
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 to retain your home after a foreclosure. Recently, the Third Circuit has rendered a binding decision in In re Hackler on a similar issue establishing that you can keep your property even if a property tax foreclosure has been completed prior to your bankruptcy filing. This blog will explore the property tax foreclosure process and what steps you can take to retain your property if you are facing a tax foreclosure or if the tax foreclosure has even been completed.
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 mortgage obligations and chapter 13 plan payments, things happen in life that are outside your control. For example, if you get sick and cannot work after your case is filed, it could cause you to fall behind on your ongoing mortgage obligations. Since that plan period cannot be extended, it can be difficult to cure post-petition mortgage arrears within your originally filed bankruptcy case that have accrued within that case. This blog will explore your options.
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, includes a lawsuit or potential lawsuit that arises from an event that occurred prior to your bankruptcy filing.
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. § 523(a)(6). In this case, my client’s entity, in which he was the sole shareholder, formerly owned and operated a bar in Colorado for a short period of time. During the time that his entity owned the bar, employees complained of sexual harassment at the hands of the bar’s manager, who was the Debtor’s brother-in-law. This blog will explore the facts and circumstances of this case along with the legal standard to explore why the Judge ultimately found that the Debtor was entitled to judgment as a matter of law.
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 plan period. You may lose your job, obtain a significant increase in income, or receive an inheritance amongst other possibilities. This blog will explore how common life changes will impact your chapter 13 plan and what your options are to react to those changes.
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 blog will explore the effect that jointly owned property has on a bankruptcy case for purposes of residential real property and jointly owned bank accounts.
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 located within the State of New Jersey. Often, judgment-creditors think that this act is sufficient to protect their interest in their judgment. However, this blog will evaluate the impact that a bankruptcy filing can have on a judicial lien.
