Despite federal rescheduling of cannabis from Schedule I to Schedule III, cannabis businesses still do not have reliable access to federal bankruptcy protection. Rescheduling eases tax burdens and may improve banking relationships, but it does not change the core problem: cannabis remains illegal under federal law and subject to the Controlled Substances Act (CSA) as [...]
Criminal Restitution in Bankruptcy: Nondischargeability Across Chapters 7, 13, and 11 Criminal restitution obligations represent a significant exception to the fresh start ordinarily provided by bankruptcy law. The intersection of criminal law and bankruptcy creates unique challenges for debtors seeking relief while facing court-ordered restitution. This article examines how criminal restitution is treated across different [...]
The Chapter 13 debt limits that govern bankruptcy eligibility in 2026 represent a critical threshold for individuals seeking debt reorganization relief. As we enter the new year, understanding both the current limits and potential legislative changes is essential for anyone considering bankruptcy protection. Current Debt Limits for 2026 Under Section 109(e) of the Bankruptcy Code, [...]
Merchant Cash Advances (MCAs) have surged in popularity among New Jersey small businesses seeking fast capital. However, their structure—as purchases of future receivables rather than traditional loans—often bypasses usury restrictions and comes with high effective costs. When repayment schedules (daily or weekly) become untenable, businesses may only have one option: negotiating a loan workout while [...]
The United States Bankruptcy Court for the District of New Jersey is responsible for handling bankruptcy cases throughout the state. As part of the federal court system, bankruptcy cases arise from the Bankruptcy Code and are heard exclusively in federal courts rather than state courts. The New Jersey Bankruptcy Court operates in the Third Circuit and provides [...]
Understanding Bankruptcy Exemptions and Lien Avoidance in New Jersey If you're a New Jersey homeowner facing financial difficulties, bankruptcy may offer a path to a fresh start while protecting your most valuable assets - your home. One powerful bankruptcy tool that may be at your disposal is the ability to "avoid" certain liens that impair [...]
Understanding DIP Financing When a business files for Chapter 11 bankruptcy, it doesn’t have to stop operating. In fact, many companies continue their daily operations while restructuring their debts. This is possible because of a special type of funding called Debtor In Possession (DIP) financing. DIP financing is a unique loan available to businesses that [...]
For an overview of recent changes affecting student loan borrowers and wage garnishment, read this article from The Hill.
