NJ BANKRUPTCY 911
My name is Virginia E. Fortunato and I’ve been practicing NJ bankruptcy for for more than six years now. This area of the law requires creativity in designing individual plans for my clients to achieve the FRESH financial start they deserve. Whether you can afford to save your home or need guidance giving up a home you can no longer afford, I am there to counsel and assist you through the process. Most of my clients are good and honest debtors who typically find themselves in my office because of things beyond their control. Clients often tell me, “This is the last place I ever thought I’d be,” and I am proud to help them achieve a fresh start.
Call 911 for your New Jersey bankruptcy emergency
Don’t fall into the trap of trying to pay your debt off through credit consolidation companies only to find it doesn’t work. You end up paying these companies exorbitant fees only to have to file bankruptcy at the end of the day — after spending hundreds or even thousands of dollars.
Never be ashamed of bankruptcy. Did you know many rich and famous people have filed for bankruptcy? Michael Jackson, Henry Ford, Mike Tyson, Larry King, Walt Disney and yes Donald Trump all filed for bankruptcy. Look at your financial circumstances like a business would. Filing bankruptcy is a business decision at the personal level. You need to wipe-out debt so that you can begin rebuilding your future with a Fresh Start.
One Kinderkamack Road
Hackensack, NJ 07601
201-673-5777
Saturday & evening appointments available upon request
New Jersey Consumers Should Know That Lawyers Can Be Considered Debt Collectors Under the Fair Debt Collection Practices Act.
A little known fact is that lawyers are considered debt collectors under the Fair Debt Collection Practices Act (FDCPA). The Federal Trade Commission has published a very helpful consumer guide. 
It is quite interesting that when a consumer protection lawyer points out or sues a collection lawyer for violating federal consumer protection laws, the collection attorney always seems so shocked and offended.
Collection lawyers know the law. They should have office procedures which would cost their office little to nothing to have safeguards in place so they do not violate the law. However, based on experience it appears most do not. If they did then there would be far fewer “mistakes.” Lawyers take an oath when they are sworn to uphold the law. Perhaps they should be reminded of their oath.
*****Please note that not all debt collectors and/or collection lawyers violate the law. There are good and bad in every group.*****
Are Debt Collectors In New Jersey Following The Law After A Debtor Files For Bankruptcy?
When a debtor files for bankruptcy an invisible shield comes down around them. This shield is referred to in the law as the automatic stay, pursuant to 11 U.S.C. s 362. The automatic stay protects the debtor from creditors during the pendency of his bankruptcy case. The purpose of the automatic stay is to give the debtor some breathing room and time to reorganize his affairs.
Once the bankruptcy case is completed the debtor receives a discharge and pursuant to 11 U.S.C. s 524 the debtor’s creditors are prohibited from taking any action against him on a debt that is discharged.
The fact is that creditors, knowingly and purposely violate both the automatic stay and the discharge provisions. Judges do not realize the extent to which the creditors violate the law on a regular basis. If someone owes a debt, there is nothing wrong with trying to collect on the debt as long as it is done within the confines of the law.
If a creditor contacts after you after filing for bankruptcy please be sure to consult with your attorney. Both the Bankruptcy Code and Fair Debt Collection Practices Act (FDCPA) are laws, that when working properly, help protect the consumer.
Should you filed for bankruptcy in New Jersy if you are not working and have no assets?
Decisions, Decisions. One of the questions I get a lot is whether someone should file bankruptcy if they have little to no income and no assets. The easy legal answer is usually no because they are effectively judgment prove. That is the creditors can sue them but will likely not recover unless the debtor’s financial circumstances change for the better.
However, there is a practical perspective that I always provide someone so that they know all of their options. With the option discussed above the problem is that the creditors will continue to sue and call the debtor constantly. However, practically speaking, sometimes mentally and physically it makes since to file bankruptcy so that the debtor can relax and get relief from the constant ringing of the telephone, etc.
I have filed several bankruptcy cases for clients because mentally and physically the results of not filing bankruptcy could have been devastating. Filing bankruptcy is a very personal decision and each person has to decide whether the benefits of filing bankruptcy outweigh all reasons not to file a bankruptcy. Speaking to an attorney will help you in making the right decision for you.
