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Scura, Wigfield, Heyer, Stevens & Cammarota Blog

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.

The Rise of Auto Loan Delinquencies: How Can Bankruptcy Help?

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According to a recent study conducted by the Federal Bank Reserve of New York, 7 million Americans with auto loans were 90 or more days delinquent in 2018.  More importantly, the study demonstrates that majority of those who were delinquent on their auto loans were low- to middle-income borrowers, under 30 years of age, and with subprime credit scores (credit scores of 620 and lower).

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.

Filing for Bankruptcy with A Side of Divorce Proceeding

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Filing for divorce is never an easy process. This can become more complicated when one of the spouses seeks to file for bankruptcy in the middle of a pending divorce proceeding. This blog will explore the factors that individuals need to consider if they’re looking to file for bankruptcy while their divorce proceeding is pending.

Filing Bankruptcy During Retirement in New Jersey

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More retirees in New Jersey and throughout the United States are filing for bankruptcy relief as they struggle to pay basic living expenses. According to a study published by the Consumer Bankruptcy Project, the number of individuals age 65 years and older filing for bankruptcy relief increased by 204 percent between 1991 and 2016.

Can an Individual File for Bankruptcy Using A Power of Attorney?

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A Power of Attorney is a unique legal document that permits a designated party for conducting certain transactions on behalf of an individual. Some of these transactions may relate to insurance, property, banking, participating in legal proceeding, and health. A Power of Attorney can be limited to specific transactions or may be general enough to allow the designated party to conduct any transaction that the individual could have conducted. Over the years, our firm has filed numerous bankruptcy petitions using a Power of Attorney and has successfully litigated this issue.

What Happens to a Debtor's Bankruptcy Proceedings Following an Untimely Death?

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The loss of life is tragic for family members and on rare occasions loss of life may occur during a bankruptcy proceeding. If you are a successor-in-interest to a decedent’s estate that is in a bankruptcy proceeding, then you will need to be aware of what happens to debts when the debtor unfortunately passes away. While debts owed by the decedent may not automatically pass onto a successor-in-interest, it is important to be aware that creditors may seek assets from the decedent’s estate to sell and satisfy claims.

Do I 'Qualify' for a Chapter 7 Bankruptcy in New Jersey?

Clients often ask if they qualify for a Chapter 7 bankruptcy.  People may not know much about bankruptcy before calling my office, but there is a general anxiety as to whether they will be "forced" into repaying some of their debt.

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.

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