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March 8, 2023 David L. Stevens

What is Nonexempt Versus Exempt Property in Bankruptcy?.

When filing for bankruptcy, one of the most critical issues that a debtor must address is how their property will be classified. Bankruptcy law divides property into two classifications: exempt and...

March 1, 2023 David L. Stevens

Objections to Creditor’s Claims

A creditor who wishes to recover money from a debtor in bankruptcy is required to file a “proof of claim” which is a written statement describing the reason for and amount of the debt allegedly owed...

January 10, 2023 David L. Stevens

The New Jersey Consumer Fraud Act —Protecting NJ Consumers from Deceptive Business Practices

The New Jersey Consumer Fraud Act (the Act) provides some of the broadest protections to consumers in the nation. The Act protects consumers from fraud in almost all aspects of sales and purchases,...

December 20, 2022 David L. Stevens Bankruptcy, Consumer Bankruptcy

Biden Administration Changes Requirements for Student Loan Discharge in Bankruptcy

As we have previously discussed, certain debts are excepted from discharge, meaning a debtor will still be responsible for them after their bankruptcy is concluded. This includes debts incurred by...

November 29, 2022 David L. Stevens

Common Bankruptcy Myths and Misunderstandings

Very often, bankruptcy is the next logical step in a person’s financial journey. However, misconceptions often surround bankruptcy with many people misunderstanding and, often, avoiding filing even...

October 24, 2022 David L. Stevens Bankruptcy

Fraud in Bankruptcy

In 2021, the Federal Trade Commission (“FTC”) received 5.7 million total fraud and identity theft reports in 2021. 1.4 million of those were consumer identity theft cases. Together, $2.8 billion of...

September 19, 2022 David L. Stevens Debt Management

Fair Debt Collection Practices Act

The Bankruptcy Code is a set of federal laws that affords debtors (the party that declares bankruptcy) certain protections,such as the automatic stay and debt discharge injunction. These protections...

September 19, 2022 David L. Stevens Bankruptcy, Business Bankruptcy, Business Law

Can a Foreign Citizen File Bankruptcy in the United States?

Internationally, the United States is looked at as a land of opportunities. Many come here seeking better business opportunities, educational benefits, or any other route to the American Dream....

June 16, 2022 David L. Stevens Bankruptcy, Business Bankruptcy, Business Law, Credit

What Happens When a Company Subject to a Collective Bargaining Agreement Declares Bankruptcy?

Under the bankruptcy code, a debtor my reject certain “executory contracts” as they can be considered liabilities to the estate. What this means is that a debtor may choose to assume, or reject,...

June 16, 2022 David L. Stevens Bankruptcy, Credit

What Happens If a Bankruptcy Debtor Dies?

While it does not happen often, debtors do sometimes pass away while their Chapter 7 or Chapter 13 bankruptcy case is still pending. Those in their old age, or those attempting to discharge...

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