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December 9, 2011 David L. Stevens Bankruptcy, Chapter 7

Questions a New Jersey Chapter 7 Bankruptcy Trustee May Ask

Typically a New Jersey Chapter 7 debtor only needs to attend one event during the bankruptcy proceeding, which is commonly referred to as the Meeting of Creditors. Creditors have a right to appear at...

November 10, 2011 David L. Stevens Bankruptcy

Bankruptcy Means Test May Be Unfair for Bergen County Residents

The starting point for any "Means Test" analysis is a determination of the debtor's household income in comparison to the median income. Only those debtors with income above the median income are...

November 8, 2011 David L. Stevens Bankruptcy

Will Bankruptcy Restore Your Driving Privileges?

If the suspension is due to unpaid surcharges, the filing of a Chapter 7 Bankruptcy will lead to the immediate reinstatement of driving privileges in New Jersey - that is after the payment of a small...

October 16, 2011 David L. Stevens Bankruptcy, Debt Management

Not All Credit Card Debt Goes Away in Bankruptcy

Bankruptcy does not get rid of all types of debt. Some types of debt are presumed to be non-dischargeable: taxes, alimony/child support, government backed student loans. In other instances a creditor...

September 15, 2011 David L. Stevens Bankruptcy, Chapter 11

Chapter 11 Bankruptcy Is Not Just For Business

It is commonly believed that Chapter 11 Bankruptcy is reserved for businesses. While it is true that a business cannot reorganize its financial affairs in a Chapter 13, it is not true that an...

September 11, 2011 John J. Scura III Bankruptcy, Chapter 7

How to Qualify for Chapter 7 Bankruptcy In New Jersey Above Median Income Level

If debtor's income is higher than the median income for the state in which they live, the debtor still may qualify for a chapter 7 by going through the bankruptcy means test. The means test is a...

August 20, 2011 John J. Scura III Bankruptcy

Can Your Employer Fire You If You Have Filed Bankruptcy?

Frequently, one of the major concerns of clients consulting with our law firm is whether they can be fired from their present job if an employer learns of their bankruptcy.  The answer is clearly no.

August 18, 2011 John J. Scura III Bankruptcy, Chapter 11

Chapter 11 Bankruptcy for Individuals

Individuals Over Allowable Debt Limit May Have to File Chapter 11

Chapter 13 Bankruptcy is the prefered bankruptcy type for an individual or consumer in a reorganization case. The fees are typically...

August 3, 2011 David L. Stevens Bankruptcy, Debt Management

When It Comes to Debt Relief Sometimes It Hurts to Be Forgiven

If you owe a creditor money, you may think that it is a good thing if that creditor stops attempting to collect the debt.   Note, however, that if a creditor cancels or forgives a loan, it may report...

July 28, 2011 John J. Scura III Bankruptcy, Foreclosure

Foreclosure Law Firms Say No to Banks Proving Chain of Title

Recently, in a case involving Wells Fargo and American Home Mortgage Servicing, Inc. (AHMSI) we had the opportunity to take the deposition of bank representative Jose Colon. A copy of the deposition...

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