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Often, the bank will object when language is added to Part 4(c) of a Chapter 13 Plan. This section of the Plan is entitled "Surrender" and allows the debtor to surrender their interest in encumbered...

All property in which the debtor holds an interest at the commencement of bankruptcy is part of the estate pursuant to 11 U.S.C. §541(a)(1). A debtor is required to surrender to the trustee all...

Bankruptcy Can Stop Auto Repossession

Banks and auto dealerships will not hesitate to repossess your car if they think that you can no longer afford it. Some lenders will initiate repossession after...

Debt and Financial Problems After Retirement

Dealing with financial challenges at any age can be very frustrating. However, dealing with debt and financial problems after retirement causes some...

It is not uncommon for New Jersey residents to have more than a few credit cards in their wallet. Moreover, it is likely that these credit cards have a balance on them. While it is not entirely bad...

A levy on a bank account is often the impetus to seek bankruptcy protection. An issue that commonly comes up is what happens to the money held by the bank subject to the judgment creditor's levy. If...

There is no doubt that once a bankruptcy is filed, a creditor is prevented from repossessing a debtor's vehicle. What is not as well known, however, is that when a secured creditor repossesses a...

Running a business, whether big or small, is often a dream for many New Jersey residents. When that dream comes true, business owners may face some challenges. While small financial difficulties are...

For the last three years Scura, Wigfield, Heyer & Stevens, LLP has participated in the Rutgers Law School's Bankruptcy Pro Bono Project. The Bankruptcy Pro Bono Project seeks to further two important...

According to the most recent data, New Jersey has one of the highest rates of foreclosures in the nation. According to RealtyTrac, one out of every 539 housing units within the state is in...