Blog Posts


File Your Federal Income Tax Returns, or no Chapter 7 Bankruptcy for You!


Chapter 7 Bankruptcy and Income Tax Returns Go Hand in Hand Individuals contemplating filing a Chapter 7 bankruptcy case (also known as a liquidation bankruptcy) who haven't filed a federal income tax return for the past year may have problems.  (The Internal Revenue Service website identifies the minimum income requirements that obligate the fil...

Posted by , November 17, 2016 • Bankruptcy

When Debtor’s Money is no Longer Debtor’s Money: Sometimes not even Bankruptcy Helps


When does a New Jersey resident lose all right to funds in a bank account levied by a judicial officer on behalf of a judgment creditor?  The answer:  "When the Superior Court of New Jersey enters an order compelling the bank to turnover or surrender the funds."  If a turnover order is entered before a bankruptcy petition is filed, the debtor ...

Posted by , November 16, 2016 • Bankruptcy, Collection

Pre-Bankruptcy Judgments do not Attach to Property Acquired Post-Bankruptcy Discharge


Frequently we receive inquiries from prospective homeowners about clearing judgments discharged in their prior bankruptcy. The question typically arises after a contract of sale has been finalized and attorney review completed. A title company search reveals a prior judgment entered in the Superior Court of New Jersey, but which the client previous...

Posted by , November 14, 2016 • Bankruptcy, Collection, Real Estate

“Not True,” Says The Plaintiff. But That’s What You Allege in Your Federal Court Complaint! The Concept of Binding Judicial Admissions


We live in a fast paced world of the digital age. Multiple drafts of legal documents fly back and forth in emails exchanged between attorneys and their clients.  A client gives his attorney the basic facts and documents to commence a federal court action. The attorney and client review multiple drafts, but somewhere along the line a mistake is mad...

Posted by , November 4, 2016 • Litigation

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