by Donna | Jan 20, 2012 | NJ Bankruptcy 911
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...
by Donna | Jan 20, 2012 | NJ Bankruptcy 911
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...
by Donna | Nov 12, 2011 | NJ Bankruptcy 911
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...
by Donna | Nov 9, 2011 | NJ Bankruptcy 911
It is possible to switch from a Chapter 13 bankruptcy to a Chapter 7 bankruptcy. Switching from one chapter to another is called converting. You can convert your case from a Chapter 13 to a Chapter 7 so long as you are eligible for a discharge. ...
by Donna | Nov 9, 2011 | NJ Bankruptcy 911
The Bankruptcy Code is a federal law so it is applies in all states although each Bankruptcy Court may apply the law differently. You can file a Chapter 7 case every eight years. However, if you are in over your head after filing a Chapter 7 Bankruptcy, you can...
by Donna | Nov 7, 2011 | NJ Bankruptcy 911
A very large part of my practice is cleaning up other lawyers’ messes. I practice only bankruptcy (which crosses over with loan modifications). Believe you me there is so much to know in this area of the law I do not have time to venture into other...