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Scura, Wigfield, Heyer, Stevens & Cammarota Blog

Filing Bankruptcy During Retirement in New Jersey

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More retirees in New Jersey and throughout the United States are filing for bankruptcy relief as they struggle to pay basic living expenses. According to a study published by the Consumer Bankruptcy Project, the number of individuals age 65 years and older filing for bankruptcy relief increased by 204 percent between 1991 and 2016.

Debt Relief for Baby Boomers

The reason most people never reach their goals is that they don't define them, or ever seriously consider them as believable or achievable. Winners can tell you where they are going, what they plan to do along the

With health care costs and inflation soaring, it’s not abnormal for elderly Americans ages 65 and older to seek out divergent financial strategies on debt relief. As their conventional ideals of retirement and later life transform with time, the rate of older folks has spiked to nearly three times the rate in 1991. So what’s behind this trend?

Can an Individual File for Bankruptcy Using A Power of Attorney?

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A Power of Attorney is a unique legal document that permits a designated party for conducting certain transactions on behalf of an individual. Some of these transactions may relate to insurance, property, banking, participating in legal proceeding, and health. A Power of Attorney can be limited to specific transactions or may be general enough to allow the designated party to conduct any transaction that the individual could have conducted. Over the years, our firm has filed numerous bankruptcy petitions using a Power of Attorney and has successfully litigated this issue.

What Happens to a Debtor's Bankruptcy Proceedings Following an Untimely Death?

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The loss of life is tragic for family members and on rare occasions loss of life may occur during a bankruptcy proceeding. If you are a successor-in-interest to a decedent’s estate that is in a bankruptcy proceeding, then you will need to be aware of what happens to debts when the debtor unfortunately passes away. While debts owed by the decedent may not automatically pass onto a successor-in-interest, it is important to be aware that creditors may seek assets from the decedent’s estate to sell and satisfy claims.

Can I Rebuild My Credit After Bankruptcy?

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It’s no secret filing bankruptcy can impact your credit score and reports. Reaching financial recovery through bankruptcy can be a long, jagged road. However, the notion you’re fated to a lifetime of horrendous credit after bankruptcy is completely false. It is absolutely possible to rebuild your credit following filing bankruptcy, provided you know how to.

Do I 'Qualify' for a Chapter 7 Bankruptcy in New Jersey?

Clients often ask if they qualify for a Chapter 7 bankruptcy.  People may not know much about bankruptcy before calling my office, but there is a general anxiety as to whether they will be "forced" into repaying some of their debt.

Rule 2004 Examinations in Bankruptcy

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If you are considering filing for bankruptcy, you may be wondering about your obligations during the bankruptcy process. Outside of the requirement that you attend your 341a hearing, another appearance that may be necessary is for a rule 2004 examination. This blog will explore what a rule 2004 examination is and what your obligations are for compliance with the rule 2004 examination.

Effect of Bankruptcy on Non-Filing Spouse

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Many people filing for bankruptcy are concerned that their chapter 7 or chapter 13 bankruptcy filing will have an impact on their non-filing spouse. Therefore, if you are in this situation, then you are not alone. This blog will explore some of the impacts that a bankruptcy can have on your non-filing spouse and to what extent your non-filing spouse will need to participate in the bankruptcy proceeding.

The Effect of an Entered Judgment and the Lien on Real Property in Your Bankruptcy Case

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If you have a judgment or multiple judgments that have been entered against you, then you may be wondering if you can discharge or get rid of your liability on those judgments in a bankruptcy case. This blog will explore the effect of an entered judgment in your bankruptcy case and the lien placed on real property by that judgment.

The Automatic Stay and its Effect on Foreclosure Actions

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Many people file for bankruptcy to protect their real property from being foreclosed on. There is a specific section within the Bankruptcy Code that mandates that creditor collection actions against property of the debtor must cease immediately upon the filing of the bankruptcy. This blog will explore that section of the bankruptcy code and how parties can avoid a creditor obtaining relief from that section.

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