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Bruce H. Levitt
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Bruce Levitt’s Answers

43 total


  • My landlord filed motion to lift the automatic stay for nonpayment of rent. Can the landlord pay my attorney fees?

    I filed for chapter 13 bankruptcy pro se. The bankruptcy case was filed the day before the landlord/tenant case. I sent a money order for my June rent (1st payment after filing) by June 1st and it was sent via certified mail. Now the landlord f...

    Bruce’s Answer

    The prior responses are absolutely correct. You need a lawyer. There are many reasons that a landlord may believe he or she is entitled to stay relief. It would require a showing a significant bad faith to convince a judge to award attorney fees (if at all). An experienced bankruptcy lawyer can help you not just with the motion but with the Chapter 13 itself. These cases are not easy.

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  • My Bankruptcy chapter 7 case is in Trenton, NJ? Trustee is highly connected.Can an outside NJ attorney handle this matter?

    Trustee in a chapter 7 case, Trenton, NJ is very highly connected. I would like to hire an outside New Jersey attorney. ? Can it be done? Bankruptcy being a Federal matter can I get this case transferred to out of state of New Jersey?

    Bruce’s Answer

    I agree with the previous answer. I don't know what you mean by the Trustee is highly connected. If you already filed with an attorney and you have confidence in that person, there is no need to look elsewhere. If there are issues with your case that are beyond the expertise of your attorney, I suggest that you find the best attorney based upon that persons skill and knowledge, not their location. Without knowing more of your facts, I can say that a case will not be transferred out of the State of New Jersey simply because you believe your trustee is "highly connected".

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  • What does a final judgement of foreclosure mean (It will be filed in 14 days. Is it too late to get a lawyer? Can I save my home

    Working on trying to obtain an FHA loan modification

    Bruce’s Answer

    A final judgment of foreclosure means that the bank then will have the Sheriff schedule a Sheriff Sale. Chances are the 14 days that you are referring to is the date the bank will file the motion for the final judgment. There still should be plenty of time to apply for a modification. In most cases, as long as a complete modification package is in to the bank 37 days prior to a scheduled Sheriff Sale, the sale cannot go forward until the modification request is either denied or granted. You still have options to save the home in a Chapter 13 prior to a Sheriff Sale. You most certainly should contact a lawyer.

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  • If legal standing in NJ foreclosure is disputed, which court in NJ hears the matter, local equity court or foreclosure unit?

    There is a broken chain of title and legal standing is disputed. Is this a germane issue that would go through the Foreclosure court or would it stay in contested track and be heard in local equity court ?

    Bruce’s Answer

    The answer to a foreclosure complaint is filed with the foreclosure unit in Trenton. When that unit makes a determination that the matter is contested, it is sent to the county to address the contested issues.

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  • I filed bankruptcy with a lawyer from oradel and this lawyer scammed me with a $25,000.00 that the trustee wants me to surrender

    my lawyer ordered me to turn over to him the money in the amount of $25,000.00 and I did because he will defend me against the TRUSTEE's order to surrender the said amount and then he did not do any action and then I found out he closed his offic...

    Bruce’s Answer

    • Selected as best answer

    The first thing you should do is contact the bankruptcy trustee to make sure the money was turned over to him or her. If it was, then you could hire a new lawyer to see if there is a basis to get some or all of that money back. If the money wasn't turned over to the trustee, then the trustee will be the best person to help you, including ultimately referring the matter to the US Attorney.

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  • I called my bank today and found that a former landlord wiped out my account for rent charges owed after I vacated the apartment

    Is this legal? Is there a statue of limitations in NJ? I vacated this apt in 2006.

    Bruce’s Answer

    Your former landlord would not have been able to "wipe out" your account unless he or she sued you and obtained a judgment. The action is called a levy. Even after the account is levied on, the creditor must file a motion with the court to allow the bank to turn the money over. If you file for bankruptcy before the funds are turned over there is a good likelihood that you will get your money back. as for your statute of limitations question, the judgment is good for 20 years.

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  • Should I file Bankruptcy I have a 130,000 in debt.

    Had hip replacement lost job, My Dad feel I should I lost everything i got 2 fender guitar 41k 341.00 10 judgement , a officer came to the his ,but my day said This is his has and mostly everything is his/Mom. True in 4 year everything will fou...

    Bruce’s Answer

    I agree with all of the previous answers. From what you described, it does not look like you will lose any of your assets if you file for bankruptcy, but you may be able to get rid of all of your debts. You should speak with an experienced bankruptcy lawyer so you can understand all of your options.

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  • Can I ignore an information subpoena I just received from an attorney's office if I am paying off the debt?

    Apparently I was sued and a judgement granted back in 2006. I was not served till now, and I received an information subpoena. I am unemployed currently and do not want to give them my bank and other info, but I think I can collect enough to pay ...

    Bruce’s Answer

    If you don't answer the information subpoena the creditor's lawyer can get a court order that could result in your being arrested and brought to court to fill out the document. It shouldn't be ignored. You can always pay off the debt, but in order to do so you will have to contact the creditor lawyer for the payoff amount (there sill be interest running on the debt). If you don't want to deal with the creditor lawyer or fill out the information subpoena, you should hire an attorney.

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  • In New Jersey can you have two wage garnishments at the same time?

    I was recently notified that there was a judgement for a second garnishment on my pay.

    Bruce’s Answer

    You can have one garnishment at a time. The creditor is entitled to 10% of your gross pay. To stop the current garnishment and the one that is next in line you might want to consider a bankruptcy filing. You should consult with an experienced bankruptcy lawyer.

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  • Can debt be resolved if it was the result of bipolar disease?

    My spouse was in a manic phase (he was under a doctor's care) and he acquired several investment properties in a short period of time. His mental state was certainly compromised. After purchasing these properties, he pulled the equity out of the...

    Bruce’s Answer

    I agree with the other answers. There is also a possibility that your father might not be held responsible for the debts if he did not have the legal capacity to enter into the obligations. I had a similar issue and was able to get all of the debt discharged in bankruptcy. You should consult with an attorney.

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