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General Bankruptcy Information

No Two Debts are Alike: Secured v. Priority Debt in New Jersey Bankruptcy

November 2, 2010 by Robert Manchel

Often times when filing for bankruptcy, New Jersey residents do not realize that there are different types of debt, and that the bankruptcy court treats them as such. Two different types of debt recognized by the New Jersey bankruptcy court includes secured debt and priority debt. Secured debt in New Jersey often takes the form of a house mortgage or an automobile financing loan, while priority debt refers to those financial obligations that cannot be eliminated by bankruptcy, namely child support payments, spousal support, and some types of taxes.
Secured debt is a lien against property, such as a car or a house. In taking out financing against such property, the debtor is granting the lender an interest in their personal or real property, with that interest eventually expiring once the loan is satisfied. In a chapter 7 bankruptcy, secured debt is discharged only in the sense that the creditor cannot sue a debtor for the amount owed. Typically, however, the creditor can still foreclose on or repossess the debtor’s property in order to satisfy the debt, if the debtor is in default of the loan agreement. In chapter 13 bankruptcy proceedings, a debtor can save their property if their payments are in default to a secured creditor, by paying the total secured debt arrears to the creditor through a monthly trustee payment, while making the future regular monthly payments, directly to the creditor.
On the opposite side of the spectrum, priority debt is, for the most part, entirely unaffected by a chapter 7 filing. This means that the debt continues to be due to the creditor and the creditor may pursue the debtor for the debt, after the bankruptcy case is completed. In a chapter 13 plan, the debtor must pay the priority debt to the creditor through a monthly trustee payment. After the completion of the chapter 13, the priority debt should be satisfied and paid in full.
The experienced bankruptcy attorneys at the Law Offices of Robert Manchel have assisted many individuals, throughout the state of New Jersey, with their bankruptcy filings. We understand that bankruptcy proceedings can be complicated. For more information about bankruptcy, regardless of your situation, please call our skilled NJ bankruptcy lawyers today at 1-866-503-5655.

Filed Under: General Bankruptcy Information

Former NBA Star Files For Bankruptcy

June 2, 2010 by Robert Manchel

While many Americans may believe that professional athletes and celebrities are immune to financial and personal problems, this is not the case. Just like any other citizen, these individuals may be facing a mortgage foreclosure action or financial difficulties, which may be resolved by a personal bankruptcy.
An article in The Wall Street Journal discusses the details surrounding former National Basketball Association star Antoine Walker’s recent bankruptcy filing. Based on the article, the former NBA player owes casinos $1.27 million and owes creditors $12.7 million, while only possessing $4.3 million in assets. Mr. Walker filed for Chapter 7 protection in Miami at the U.S. Bankruptcy Court in which he will liquidate his assets to repay creditors.
While filing for bankruptcy or facing foreclosure is not something that most people anticipate they will ever experience, it is important to become as familiar as possible with the ins and outs of these processes.
The laws and guidelines surrounding bankruptcy and foreclosure resolution may vary on a statewide level. For instance, in New Jersey, if an individual who qualifies to file for bankruptcy under Chapter 7, may be able to retain all of their assets, while simultaneously eliminating the burden of debt. This may sound simple, but the truth is that this process is complex. Fortunately, New Jersey Chapter 7 bankruptcy lawyers are available to guide and advise those hoping to get a fresh financial start, which includes the elimination of: credit card debt; harassing telephone calls; collection letters; filing of liens; wage garnishments; and, much more.
For additional information regarding whether or not you qualify to file for Chapter 7 bankruptcy in New Jersey, please contact skilled Ocean County bankruptcy attorney Robert Manchel. Mr. Manchel has successfully assisted numerous individuals through the bankruptcy process. Mr. Manchel will help you determine the best course of action, based on your particular financial situation, assets, disposable income etc. Call 866-503-5655 today or visit https://www.bankruptcylawyer-nj.com/ to learn more about your bankruptcy filing options.

Filed Under: General Bankruptcy Information

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      Manchel
      New Jersey
      Bankruptcy Law

      This web site is designed to provide general information regarding the bankruptcy laws. The bankruptcy laws are complex and may be applied differently, in each case, depending on the particular facts. There may be numerous exceptions and variations for each law and rule. Do not rely on the information provided in this web site. If you are considering filing for bankruptcy protection, you should consult with an experienced NJ bankruptcy lawyer. We are a debt relief agency. We Help people file for bankruptcy relief under the bankruptcy code.

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      • Home
      • Chapter 7 & Chapter 13 Info
        • Chapter 7
          • How Does a Chapter 7 Bankruptcy Work
          • NJ Chapter 7 Bankruptcy Process
          • Chapter 7 and Chapter 13 Required Documents and Information
        • Chapter 13
          • How Does a Chapter 13 Bankruptcy Work
          • NJ Chapter 13 Bankruptcy Process
          • Chapter 7 and Chapter 13 Required Documents and Information
        • Chapter 7 and 13 Differences
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        • How Bankruptcy Helps
      • Avoid Foreclosure
        • Loan Modification
        • Mortgage Foreclosure Mediation
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      • About
        • NJ Bankruptcy Attorney Robert Manchel
      • Why Hire Us?
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      • Contact Us
        • Office Locations