New Jersey Bankruptcy Lawyer Explains About the NJ. bankruptcy courts.
Bankruptcy courts are located in the federal courthouses, as bankruptcy laws are federal. The federal courthouses are also considered united states courthouses. There are three federal courthouses in New Jersey. The following is a list of the New Jersey bankruptcy court addresses: Clarkson S. Fisher, U.S. Courthouse, 402 East State Street, Trenton, NJ. 08608; Mitchell H. Cohen U.S. Courthouse, 400 Cooper St., Camden, NJ. 08101; and, U.S. Courthouse, 50 Walnut St, Newark, NJ. 07102. Lawyers refer to the city where the courthouse is located as the vicinage. For example, the Mitchell Cohen Courthouse is located in the Camden Vicinage.
Two bankruptcy judges preside over cases that are filed in the Camden vicinage. The judges names are the Honorable Andrew B. Altenburg, Jr. and the Honorable Jerrold N. Poslusny, Jr. The following judges preside over cases that are filed in the Trenton vicinage: Honorable Kathryn C. Ferguson; Honorable Michael B. Kaplan; and, Honorable Christine M. Gravelle. Judge Ferguson is the chief bankruptcy judge of the State of NJ. The following judges preside over cases that are filed in the Newark vicinage: Honorable Rosemary Gambardella; Honorable Vincent F. Papalia; Honorable Stacey L. Meisel; and, Honorable John K. Sherwood.
The New Jersey bankruptcy court vicinage in which a person’s bankruptcy case is filed is based on the address of the debtor. If the debtor resides in the following locations, their case will be filed in the Camden, NJ. bankruptcy courthouse: Atlantic; Camden; Cape May; Cumberland; Gloucester and Salem Counties. Additionally, individuals residing in the following towns of Burlington County would file in the Camden vicinage: Cinnaminson; Delran; Edgewater Park; Evesham; Maple shade; Moorestown; Mount Laurel; Palmyra; Riverside; and, Riverton.
Debtors residing in the following New Jersey counties and townships would file their bankruptcy cases in the Trenton bankruptcy courthouse: Hunterdon; Mercer; Middlesex; Monmouth; Ocean; Somerset; and, Warren. Additionally, the following townships of Burlington County would file their cases in the Trenton vicinage: Bass River; Beverly; Bordentown City; Bordentown Township; Chesterfield; Delanco; Eastampton; fieldsboro; Florence; Hainesport; Lumberton; Mansfield; Medford Lakes; Medford Township; New Hanover; Palmyra; Pemberton Borough; Pemberton Township; Shamong; Southampton; Springfield; Tabernacle; Washington Township; Westampton; Willingboro; Woodland Township; and, Wrightstown. Debtors residing in the following N.J. counties would file their bankruptcy cases in the Newark bankruptcy courthouse: Bergen; Essex; Hudson; Morris; Sussex; and Union.
After the bankruptcy case is filed, the debtor’s case is arbitrarily assigned to one of the judges that presides in that vicinage. However, if the debtor filed a prior case in the same vicinage, that was assigned to an active judge, the case will be assigned to the same judge.
After the bankruptcy filing, the debtor is arbitrarily assigned a trustee. A trustee administers a bankruptcy case. In general, a chapter 7 trustee reviews the debtor’s documents to confirm and ensure that he does not own any valuable and unexempt property that may be sold. In the event that the debtor owns such property, the trustee would sell the property and disburse the proceeds pursuant to the bankruptcy code. Ultimately, the trustee would file the appropriate documents with the court and submit his recommendation as to whether the debtor should be entitled to a discharge. Typically, the judge will order the discharge pursuant to the trustee’s recommendation.
The following trustees administer cases that are filed with the NJ. Camden courthouse: Joseph D. Marchand; Andrew S. Sklar; Thomas J. Subranni; Brian S. Thomas; and, Douglas S. Stanger. The following trustees administer cases that are filed with the NJ. Trenton vicinage: Bunce D. Atkinson; Karen E. Bezner; Andrea Dobin ; John W. Hargrave ; John M. McDonnell, III; Thomas J. Orr ; Barry R. Sharer; Daniel E. Straffi; Catherine E. Youngman; and, Barry W. Frost. The following trustees administer cases that are filed with the NJ. Newark vicinage: David A. Wolff; Donald V. Biase; Nicholas J. Delzotti ; Barbara A. Edwards; Charles M. Forman; Nancy Isaacson; Steven P. Kartzman ; Jeffrey A. Lester; Jay L. Lubetkin; Eric R. Perkins; Benjamin A. Stanziale, Jr.; Charles A. Stanziale, Jr. ; and, John W. Sywilok.
There are only three chapter 13 standing trustee’s administering cases in the entire State of New Jersey. Trustee, Albert Russo, is assigned to all cases that are filed in the New Jersey Trenton bankruptcy courthouse. The trustee, Isabel Balboa, is assigned to all cases that are filed in the Camden bankruptcy courthouse. Trustee, Marie-Ann Greenberg, is assigned to all cases that are filed in the Newark bankruptcy courthouse.
The following information relates to chapter 7 bankruptcy cases filed in New Jersey. A chapter 7 case typically requires only one hearing, that is called a Meeting of Creditors, or a 341(a) hearing. Judges do not appear at the hearing. Generally, only the debtors and their attorneys appear at the hearing. Although the name of the hearing includes, “creditors”, creditors generally do not appear at the hearing.
The Meeting of Creditors’ hearings, regarding Trenton cases, are conducted in the Trenton courthouse, but not in a courtroom. The hearing is held in a classroom like setting. Camden and Trenton 341(a) hearings take place in a location other than a courthouse. Newark bankruptcy court Meeting of Creditors’ hearings are held at One Newark Center, Suite 1401, Newark, NJ. 07102. Most Camden bankruptcy court Meeting of Creditors hearings are held at the Bridgeview Building, 800 Cooper Street, Suite 102, Camden, NJ. 08102. However, if a debtor resides near Northfield, the hearing location is 1423 Tilton Road, Suite 5, Northfield, NJ. 08225.
Typical chapter 7 bankruptcy cases do not require an appearance in court before a judge. However, any unresolved or contested chapter 7 cases may be brought before the judge for his final decision. Also, chapter 7 Reaffirmation Hearings may be brought before the bankruptcy court judge. A trustee is not the judge who has final decision making powers. Therefore, if a trustee pursues a particular action that the debtor’s attorney opposes, the debtor’s counsel may file a motion with the court contesting the trustee’s position. Additionally, a creditor that wishes to pursue a specific course of action, in a chapter 7 case, may present her argument with the court and not the trustee. Of course, the trustee is an interested party to all court matters of his assigned cases.
The bankruptcy code requires two bankruptcy hearings in connection with Chapter 13 bankruptcy cases. The Meeting of Creditors is required, which is the same hearing as the Chapter 7 cases. The addresses for chapter 13, 341(a) hearings are located at the following addresses. Cases filed in the Trenton courthouse are conducted at 1 AAA Drive, Suite 101, Robbinsville, NJ. 08691. Cases filed in the Camden courthouse are conducted at the Cherry Hill or Northfield addresses, as explained above. Cases filed at the Newark courthouse are held in the same location as the 341(a) hearings for the chapter 7 cases.
The second chapter 13 hearing is called the Confirmation Hearing, which is held at the courthouse, where the case is filed. The Confirmation Hearing establishes the exact amount that the debtor must pay to the trustee each month and the number of months of the plan. The hearing also establishes the amount that each creditor is to be paid through the trustee payments. In most cases, the Confirmation Hearing is postponed to allow the creditors and debtor’s attorneys time to settle various issues. The debtor’s attorneys must also settle matters with the trustee. The judge may be needed to decide certain unsettled matters.
Robert Manchel, Esq. may be contacted at 866 503 5644 to discuss your bankruptcy questions.