Blog
Recent Blog Posts
Can You File for Bankruptcy Twice in New Jersey?
Yes, you can file for bankruptcy two or even more times in New Jersey provided that a certain amount of time has passed since your prior filing has been resolved. The exact duration depends on the type of relief you previously received and the chapter you seek to file under now. Bankruptcy is an extraordinary… Read More »
Reverse Mortgages and Bankruptcy
Reverse mortgages are designed to allow you live off of the equity in your home. This type of loan pays off your mortgage, lets you live in the home “mortgage payment free” for life or until you leave the home. Often, these loans require that you pay the property taxes and insurance. Should you fail… Read More »
What Happens to Your 401k in Bankruptcy?
Your retirement accounts (401K, IRA, Roth-IRA) are totally excluded or “exempted” from your bankruptcy. In fact, the law is very clear that your retirement account “stays” yours in bankruptcy. Retirement accounts are a fundamental element of your retirement planning. Creditors have no power to force you to liquidate your 401K or IRA in bankruptcy. Usually,… Read More »
What Happens To Your Credit Score In Bankruptcy?
Active judgments, collections accounts, charge offs and delinquent debts are reported to the credit reporting agencies. These will have a devastating effect on your credit score. Your credit score will suffer greatly, often dropping hundreds of points. The problem is intensified over time as these derogatory reports linger and just sit on your report. A… Read More »
Can You File For Bankruptcy If You Are Unemployed?
You are not required to be employed to file a Chapter 7 Bankruptcy. In fact, depending upon your prior or future income, your period of unemployment may be the only time that you will qualify. Regular income is not required unless your seeking a Chapter 13 Plan of Reorganization. Chapter 7 cases do not require… Read More »
Will Bankruptcy Stop An Eviction?
A bankruptcy filing will stop or prevent an eviction. Upon filing, there is a “Stay” automatically/immediately imposed on all efforts to collect a debt or enforce a judgment. Since an eviction is an action to enforce a judgment of possession, an eviction can be stayed immediately. Depending on the type of bankruptcy you file, you… Read More »
Can You File Bankruptcy Without Your Spouse?
You do not need the consent or participation of your spouse to file bankruptcy. The law allows you to file either a “Joint Case” with your spouse or an “Individual Case – Non Filing Spouse.” Husbands and wives can disagree on the decision to file. In some cases, one spouse has no debt or has another… Read More »
Can You File Bankruptcy If You Owe Child Support?
Yes, you can still file bankruptcy if you owe child support. Some mistakenly believe that owing child support is bar to filing bankruptcy. Not true. Domestic support obligations cannot be eliminated (discharged). Child support arrears can be repaid over time through a Chapter 13 Plan of Reorganization. In fact, unpaid child support that is properly… Read More »
Can You File Personal Bankruptcy and Keep Your Business?
Bankruptcy laws are very specific in labeling assets that you can and cannot keep if you file a petition. Very often, you can keep your business when you file bankruptcy because many businesses fit within the permitted “Exemptions”. Factors such as value, equity and marketability are all considered in providing the “Exemption Analysis”. Many times,… Read More »
Can You Keep Your Credit Cards in Bankruptcy?
Yes, you can only keep your credit cards in bankruptcy if the creditor agrees to it, however this is rare. The filing of a bankruptcy discharged all of your debts, all of your credit cards, whether you want to or not. Many people have that favorite credit card, store card account that want to keep…. Read More »