Are E-ZPass Tolls, Fines and Penalties Dischargeable in Bankruptcy?

Failure to pay tolls, fines and penalties associated with an E-ZPass a/k/a/ EZPass account can quickly result in skyrocketing and compounding debts. The majority of EZPass debts are made up of fines and penalties associated with not paying the relatively small underlying toll. These EZPass debts may have resulted as a result of defective EZPass [...]

2020-11-10T15:47:13+00:00October 15th, 2020|Acquisitions, Financial, Governments|

Does an Auto Lender Violate the Automatic Stay by Retaining a Car Repossessed Pre-Bankruptcy?

T he “automatic stay” in the Bankruptcy Code operates to stay collection actions, service of process, lien perfection, and judgment enforcement, upon the debtor’s filing of a bankruptcy petition. 11 U.S.C. §362(a). The automatic stay prevents creditors from repossessing cars or taking other actions with respect to their collateral. But what happens if a [...]

2020-11-09T19:41:30+00:00October 15th, 2020|Acquisitions, Financial, Governments|

Can An Undocumented Person Or Non-Citizen File Bankruptcy?

T echnically, citizenship, immigration status, lack of documentation, or even the lack of a social security number does not determine a person’s eligibility to file personal bankruptcy, or for them to seek bankruptcy protection for their company. The Bankruptcy Code specifically defines who can file bankruptcy, i.e., who can be a “debtor.” Section 109(a) of [...]

2020-11-10T16:06:05+00:00October 15th, 2020|Acquisitions, Financial, Governments|

How Can a New Jersey Small Business Reorganize in Subchapter V Bankruptcy?

Last year Congress passed the Small Business Reorganization Act of 2019 (SBRA), which amended the Bankruptcy Code to make it easier for small business to reorganize. The SBRA went into effect in February 2020, which was timely considering the coronavirus pandemic which began damaging the economy and squeezing small businesses in March 2020. Until February, [...]

2020-11-10T16:26:10+00:00July 2nd, 2015|Acquisitions, Financial, Taxes|

How is the Bankruptcy Code Affected by the Coronavirus Aid, Relief, and Economic Security Act?

On March 27, 2020, Congress passed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). Section 1113 of the CARES Act includes notable, temporary changes to the Bankruptcy Code. The Small Business Reorganization Act On February 19, 2020, the Small Business Reorganization Act of 2019 (SBRA) became effective and added a new subchapter to [...]

2020-11-10T16:30:22+00:00July 2nd, 2015|Financial, Governments, International|

How Can You Remove Judgment Liens Discharged in Bankruptcy?

A successful bankruptcy case generally results in the entry of a discharge order by a Bankruptcy Court eliminating a debtor's liability on many debts. This includes a discharge of debts held by creditors who obtained court judgments, such as from the Superior Court of New Jersey. It is common, however, that these creditors’ judgments still [...]

2020-11-10T16:36:58+00:00July 2nd, 2015|Financial, International, Taxes|

What are the 2020 Chapter 13 Bankruptcy Debt Limits?

The Bankruptcy Code sets specific limits on the amount of debt that a person can reorganize in a Chapter 13 bankruptcy. There are separate limits for both secured debts and unsecured debts. These debt limits are calculated per each debtor where a married couple files a joint chapter 13 bankruptcy case. These "debt limits" for [...]

2020-11-10T16:41:53+00:00July 2nd, 2015|Acquisitions, Financial, Governments|
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