The COVID-19 pandemic has resulted in a few temporary changes to substantive bankruptcy rules under the Federal Coronavirus Aid, Relief, and Economic Security (CARES) Act. These modifications will last for only one year and at this writing, will expire on March 27, 2021. For example, a debtor with a prior Chapter 13 repayment plan can …
The term “underwater home” means that your house is worth less than what you owe on the mortgage. In that case, you could decide to surrender the property as part of a Chapter 7 or 13 bankruptcy proceeding. Doing this absolves you of any personal liability on the mortgage note, but the mortgage itself …
The economic shutdown ordered by the New Jersey governor has closed thousands of our businesses and put hundreds of thousands of our residents out of work. To date, many have not been able to obtain unemployment compensation due to the inadequacies of the State government. For the self employed and gig workers, there is simply …
You may be able to protect your car in bankruptcy. If you are filing a Chapter 7 petition, it is important that you be current on your car loan or lease. A Chapter 13 filer can pay any loan or lease arrears through the bankruptcy plan, but must resume the loan or lease payments immediately …
If you are anxious, sleepless or ashamed about your situation, give me a call. I will review your situation in detail over the phone initially and help you to determine whether you qualify for bankruptcy, whether you should file and which bankruptcy chapter is right for you. I will also tell you if bankruptcy is …
When a bankruptcy client owns property with a spouse or other co-owner, of course there is a concern about how the co-owner’s interest is affected by the bankruptcy filing. Although your assets will become property of the bankruptcy estate when you file for bankruptcy, the Chapter 7 trustee can only sell your nonexempt property to …
These days, everyone seems to be preoccupied with their credit scores. That can be a factor in having your rental application accepted, getting that new car loan, and generally affecting the cost of your borrowing money and paying back debt. There are many ways for you to hurt your credit score. Here are a few: …
From our experience, we know that people file for bankruptcy for a number of reasons. Unemployment, death of a spouse, a costly illness or a divorce all may lead people to decide that bankruptcy is their best course of action. There are a number of fallacies that people have about filing for Chapter 13 and Chapter …
Most bankruptcies filed in the United States are either under Chapter 7 or Chapter 13. The kind that you file depends on a few criteria, including your income, assets, debts, and your financial goals. Here is a quick thumbnail of the differences between Chapter 7 and Chapter 13 bankruptcies. Chapter 7 is a liquidation bankruptcy …
Bankruptcy exemptions protect your property from your creditors. You have two choices when filing for bankruptcy in New Jersey. When you file you can choose between using the state exemptions or federal exemptions. Determining which set of exemptions to use is a crucial decision. Federal exemptions are usually more favorable. The federal bankruptcy exemptions available …
Charles D. Whelan III has been committed to excellence for over 30 years. With offices located centrally in New Jersey, he is able to provide businesses and individuals with excellent legal services.
