Weber v. SEFCU (In re Weber), 477 B.R. 308 (Bankr. N.D.N.Y. 2012)

The Automatic Stay in Bankruptcy

In re Mathieu, __ B.R. __ (Bankr. D. Minn. 2013) is a bankruptcy case out of Minnesota but we believe it has value for our New Jersey readers. The undue hardship standard for discharging student loans applies nationwide, and is a tough hurdle.

Student Loan Debt in Bankruptcy  

When Can the Trustee Avoid the Transfer of Property in a Divorce Settlement?

Even if a debtor declares bankruptcy, creditors have rights to collect on debts that are owed to them. Bankruptcy law includes certain protections for creditors’ rights. One such rule allows a bankruptcy trustee to void fraudulent transfers when the debtor:

5 Laws Every Consumer Should Know

1. Fair Debt Collection Practices Act

What Happens if the Someone Objects to My Chapter 13 Bankruptcy?

Before your Chapter 13 plan can be confirmed, the court must allow the trustee and your creditors the opportunity to review the plan and make objections if they wish. Why would a creditor or the trustee object? Usually because they would like to see more of a payout to unsecured creditors. Chapter 13 bankruptcy plans often pay back unsecured creditors, like credit card lenders, at pennies on the dollar. Objections often ask for a larger percentage of the debts to be paid back.

NJ Bankruptcy Laws: What Property is Exempt?

When you file for bankruptcy, you may claim certain property as “exempt” from the bankruptcy proceedings. Your exempt property does not become a part of your bankruptcy estate and cannot be used to pay back your creditors. If the exemption doesn’t cover the entire value of the property, it may be sold and you’ll still get the exempt amount in cash. As a practical matter, most people who file bankruptcy don't lose any of their property.