People seeking relief from their liabilities may include gambling debts. Particularly in New Jersey, there are many casinos in the region as well as online gambling, as well as the proposed sports betting which may be legalized here. The problem gambler may easily lose control and find himself in substantial debt. The answer to whether …
Part of filing for bankruptcy is listing all of your assets on the petition. Most people have checking and savings accounts and want to know if they are protected once they file. At least part of your personal property is exempt under the Bankruptcy Code, see https://www.middlesexcountybankruptcyattorney.com/2013/11/ For debtors who do not own a home, the …
Can you keep your life insurance policy if you file a New Jersey consumer bankruptcy? That depends in part on what kind of life insurance policy you have. A term insurance policy, in which you pay a periodic premium in exchange for a death benefit, is unaffected by the United States Bankruptcy Code. However, a …
Keeping Your Life Insurance Policy In Bankruptcy Read More »
A client was recently convicted of driving under the influence and called for advice. New Jersey has some of the toughest laws in the nation for these situations. A driver convicted of DUI for the first time in New Jersey is required to pay court fines to the municipality where the offense occurred. S/he is …
Can I Discharge Motor Vehicle Surcharges and Court Fines in Chapter 7? Read More »
If you are expecting to receive a tax refund in the near future, you need to understand how filing bankruptcy can affect that. When you call me for your free initial consultation, please be sure to mention this, so that we can work together to protect your tax refund in your bankruptcy case. First, a …
The cost for filing bankruptcy through my office involves two parts: the filing fee and the legal fee. At the present time, the court filing fee for a Chapter 7 bankruptcy is $335, and $310 for Chapter 13. These are the same whether it is an individual filing or a couple. The legal fee can vary depending on …
If you have a life insurance policy and are considering a Chapter 7 or Chapter 13 bankruptcy, you need to seek legal counsel to see how that policy would be affected. If the life insurance policy is an unmatured term policy, then it would not be affected by the filing of a bankruptcy petition. Any periodic life insurance premium which …
How Does Bankruptcy Affect Life Insurance Policies? Read More »
If someone has co-signed a debt of yours and you file for bankruptcy, your co-signer may be affected. That could be a parent, a sibling or friend whom you do not want to hurt. We need to consider the different impacts of the two main consumer bankruptcy chapters upon the co-signer. If you file in …
Should I File for Bankruptcy If I Have A Co-Signer? Read More »
Typically in a home purchase closing, the buyers sign a mortgage which gets recorded in the County Clerk’s Office, and the house is rarely sold without paying off the mortgage. The recent unpublished New Jersey District Court opinion in Gianninoto v. Sywilok gives us a look at what can happen when the mortgage is not …
Unrecorded Mortgage Avoided In Bankruptcy Home Sale Read More »
In Chapter 13 cases, a confirmation hearing is a court hearing required by the Bankruptcy Code. Confirmation hearings are not held in Chapter 7 cases. The purpose of the confirmation hearing is to resolve any objection of the trustee, creditors and other parties to the debtor’s proposed Chapter 13 plan. If everyone is in agreement, …
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.
