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Scura, Wigfield, Heyer, Stevens & Cammarota Blog

David E. Sklar

Recent Posts

The Impact of a Judgement of Possession on Your Lease in Bankruptcy

Has falling behind on your lease obligation caused your landlord to initiate eviction proceedings against you? If so, has the landlord also obtained a judgment of possession for the premises? This blog will explore your options if you are currently facing this scenario through a bankruptcy proceeding.

Retaining Your Property after a Foreclosure Sale?

Has your property recently been foreclosed upon at a sheriff sale leaving you scrambling to try to retain it? There is an avenue of the law that may provide you with a potential solution through a preference action in a bankruptcy proceeding. However, as this blog will explore, it is an unsettled area of the law meaning that different parts of the country have ruled in different ways on this issue. Despite the uncertainty, pursuing this legal avenue may be your last best hope.

Selling Property in a Bankruptcy Case

Do you own real property that has equity in it, but are in default on your mortgage obligations? If so, then bankruptcy could be an option for you to be able to sell the property to protect the equity in the property.

What Happens to Your Vehicle When You File Bankruptcy In New Jersey?

Are you contemplating filing for bankruptcy, but are concerned about the impact it will have on your vehicle? Here are answers to some common questions that people have about their vehicles when they are going to file bankruptcy:

Implications of a Pending & Potential Lawsuit on a Bankruptcy Case

Are you wondering what effect a bankruptcy proceeding will have on your pending or potential lawsuit? This blog will explore how a bankruptcy proceeding will affect your claim against another individual or entity.

What Happens When Only One Spouse Files for Bankruptcy in New Jersey?

If you are married and considering filing for an individual bankruptcy, you may be wondering what effect the bankruptcy will have on your wife. This blog will explore those issues.

The Effect of a Judgment After Trial on Your Bankruptcy

Have you recently litigated a civil lawsuit that reached an unsuccessful result leaving you wondering how best to proceed? You may be thinking that bankruptcy is an option that you wish to explore considering the financial burden that you may be feeling. This blog will explore the effect of a fully litigated state court judgment on a subsequent bankruptcy case.

Bankruptcy & Real Estate Holding LLCs Facing New Jersey Foreclosure

Many people who own real property through a single member limited liability company or sole shareholder corporation tend to think of the real property being owned by them individually. However, the Bankruptcy Code has different rights for individuals who own real property than entities. This blog will explore how the Bankruptcy Code affects an entity whose sole asset is real property and things to consider if you are considering putting such an entity into a bankruptcy case.

Can You Protect Your Home In Chapter 7 or Chapter 13 Bankruptcy?

If you own a home and you are in financial turmoil, you may be wondering what will happen to your home if you file for bankruptcy. For many, the primary concern that they have when entering the bankruptcy process is that their home is protected. This blog will explore the implications of filing for personal bankruptcy in a chapter 7 or chapter 13 on an individual’s residential real property.

As an aside, in either chapter 7 or chapter 13 a debtor would need to continue to pay their mortgage and property taxes in order to avoid an eventual foreclosure.

3 Common Types of Debts that Don't Go Away in Bankruptcy

Bankruptcy does not always wipe the slate clean.  Some type of debts do not get discharged in a bankruptcy. This blog will explore three of the most common types of claims that do not go away. A creditor cannot merely assert that the debt owed to it is non-dischargeable; rather, the creditor must commence a formal litigation to establish that a debt cannot be discharged. The creditor must be able to demonstrate that its claim falls into a specific statutory provision within 11 U.S.C. § 523.  Only then will the claim be determined to be non-dischargeable. The statutory provisions are construed strictly against the creditor and in favor of debtors.

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