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Scura, Wigfield, Heyer, Stevens & Cammarota Blog

David E. Sklar


Recent Posts

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

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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.

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)

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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.


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

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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.

The Effect of Jointly Owned Property and Bankruptcy

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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.

Evaluating Whether to File A Chapter 7 or Chapter 13 Bankruptcy Proceeding When You Own A Home

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Often, individuals who are contemplating bankruptcy have some equity in their residence and are debating whether it will be better to file a chapter 7 or chapter 13 bankruptcy proceeding. This blog will explore what happens when you file a chapter 7 bankruptcy and how you should evaluate your decision making.

Treatment of Judgement Liens in Chapter 7 & Chapter 13 Bankruptcies

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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.

Rule 2004 Examinations in Bankruptcy

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If you are considering filing for bankruptcy, you may be wondering about your obligations during the bankruptcy process. Outside of the requirement that you attend your 341a hearing, another appearance that may be necessary is for a rule 2004 examination. This blog will explore what a rule 2004 examination is and what your obligations are for compliance with the rule 2004 examination.

Effect of Bankruptcy on Non-Filing Spouse

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Many people filing for bankruptcy are concerned that their chapter 7 or chapter 13 bankruptcy filing will have an impact on their non-filing spouse. Therefore, if you are in this situation, then you are not alone. This blog will explore some of the impacts that a bankruptcy can have on your non-filing spouse and to what extent your non-filing spouse will need to participate in the bankruptcy proceeding.

The Effect of an Entered Judgment and the Lien on Real Property in Your Bankruptcy Case

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If you have a judgment or multiple judgments that have been entered against you, then you may be wondering if you can discharge or get rid of your liability on those judgments in a bankruptcy case. This blog will explore the effect of an entered judgment in your bankruptcy case and the lien placed on real property by that judgment.

The Automatic Stay and its Effect on Foreclosure Actions

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Many people file for bankruptcy to protect their real property from being foreclosed on. There is a specific section within the Bankruptcy Code that mandates that creditor collection actions against property of the debtor must cease immediately upon the filing of the bankruptcy. This blog will explore that section of the bankruptcy code and how parties can avoid a creditor obtaining relief from that section.

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