Marvin Wolf’s Answers

Marvin Wolf

Rochelle Park Bankruptcy Attorney.

Contributor Level 8
  1. In N.J. is Rooker Feldman a bar to enforcement action for failure to comply with Bankruptcy Rules and Procedures?

    Answered about 1 year ago.

    1. Melinda Dee Middlebrooks
    2. Marvin Wolf
    3. Glenn R Reiser
    4. Derek R. Caldwell
    4 lawyer answers

    I agree that the facts here are more complicated than a simple forum answer can provide. Given that, speaking generally, I believe a fraudulent proof of claim in a bankruptcy case falls directly within the core jurisdiction of the Bankruptcy Court, and does not implicate Rooker-Feldman at all. You also may have a Stern v. Marshall issue. as to obtaining a final judgment by an Article 5 judge, which might drive you to U.S. District Court. These are still emerging issues in law due to recent U....

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  2. Can I recover attorneys' fees paid in order to collect a NJ judgment that the defendant refuses to voluntarily pay?

    Answered about 1 year ago.

    1. Marvin Wolf
    2. Leonard Roy Boyer
    3. Lawrence Michael Centanni
    3 lawyer answers

    If you had an underlying agreement that said debtor must pay costs of collection. Usually, you would have an attorney send an information subpoena requiring the debtor to list all their assets and their location, so the sheriff can then get them. Keep in mind about 80% of all debts go uncollected, and that the debtor can often file bankruptcy to avoid the judgment. If you file a contempt of court motion for failure to answer the subpoena, you might have the lawyer request additional legal...

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  3. Our business shares a basement with another business and a water leak on our side damaged some of their inventory. Are we liable

    Answered almost 2 years ago.

    1. Marvin Wolf
    2. Michael T Millar
    3. Robert Francis Davies
    4. Karen Elizabeth Eichman
    4 lawyer answers

    I agree with the other two attorneys above that more information is required as you may not have understood the basis for your insurance company saying they would not pay. It could be it's not covered in your specific policy or it could be they were saying they have a defense and would not be required to pay. You should look carefully at your lease agreement and see if you are responsible for plumbing - although the landlord may have put in the plumbing, they often seek to transfer all...

    3 lawyers agreed with this answer

  4. If mortgage did not reaffirm after Ch7, what can i be held personally liable for?

    Answered 6 months ago.

    1. Bruce C Truesdale
    2. Christine B. Adams
    3. Steven R. Neuner
    4. Aniello David Cerreto
    5. Marvin Wolf
    5 lawyer answers

    This is an extremely complex question based on facts we do not have in hand. Did the bank pick up insurance payments when you defaulted and did they have a rider for environmental hazards? Some environmental claims are not dischargeable in bankruptcy. Until title passes out of your name, you are still responsible for fines and lawsuits if the property gets run down or someone trips falls and sues. It sounds like there has been some time between discharge and now. What did you list as your...

    2 lawyers agreed with this answer

  5. Can I add credit cards that I'm an authorized user on to a bankruptcy if I'm the one that ran them up?

    Answered about 1 year ago.

    1. Marvin Wolf
    2. Dorothy G Bunce
    3. Simon Goldenberg
    3 lawyer answers

    Being an authorized user means that it is not your account, even though you are using it. Listing it in a chapter 7 will discharge any liability you may potentially have, but not protect any co-debtors from collection on the debt. In a Chapter 13 bankruptcy, that debt can be segregated out from others and paid in full during the bankruptcy, so by the time the debtor is discharged, the debt is paid so there is no basis to go after the co-debtor. Alternately, after the Chapter 7 discharge is...

    2 lawyers agreed with this answer

  6. FDCPA violations

    Answered about 1 year ago.

    1. Marvin Wolf
    2. Michael J Corbin
    2 lawyer answers

    I disagree with Mr. Corbin. Generally speaking, without discussing the underlying case/arbitration for judgment on the debt, which is more fact dependent as an issue, the FDCPA's purpose is to punish creditor bad conduct in debt collection whether or not the underlying debt is valid. Failure to comply with all the provisions of the FDCPA is essentially strict liability - "You had to do this - you didn't - you lose - pay the man." The question is whether to pursue that claim in state court...

    2 people marked this answer as helpful

  7. Apartment rent opportunities after filing for bankruptcy

    Answered over 1 year ago.

    1. Marc Charles Capone
    2. Marvin Wolf
    3. Aniello David Cerreto
    3 lawyer answers

    It would be better to obtain a new rental apartment prior to filing bankruptcy. Some landlords use credit reports to decide to whom to rent. Also, it would be better to put the actual new rent on a petition as an expense on Schedule J so you don't seem to have excess money available to pay debtors. Ironically, you might want to find out if your potential landlord has filed for bankruptcy or has a pending foreclosure in order to protect your interests. .

    1 lawyer agreed with this answer

  8. Chapter 13 - statue of limitations

    Answered almost 3 years ago.

    1. Marvin Wolf
    2. Theodore Lyons Araujo
    3. Mitchell Paul Goldstein
    3 lawyer answers

    Outside of bankruptcy, the statute of limitations does not stop creditors from suing - it is an affirmative defense which must be pleaded in an answer. If you fail to raise it, the creditor can win even if the debt is old. Once you file a chapter 7 bankruptcy and receive your discharge, all listed debts (with a few exceptions - ex. school loans, child support) are discharged and your creditors can no longer collect against you, whether or not the statute of limitations has run. You need to...

    1 lawyer agreed with this answer

  9. Can I trademark and legally use a food product name that differs only slightly from one that is regionally protected in Europe?

    Answered 4 months ago.

    1. Robert Scott Lawrence
    2. Bruce E. Burdick
    3. Christopher Edward Ezold
    4. Marvin Wolf
    4 lawyer answers

    Without even discussing or opining on the trademark issue, have you considered possible local action from the Department of Agriculture, the Attorney General, Consumer Fraud Act complaints, and lawsuits from local distributing companies that would be affected by the likelihood of confusion? Also, whether their customs officers would even let your product into their country? Also, I doubt anyone here is admitted to the English bar or the EU, so we couldn't even comment on that without...

    1 person marked this answer as helpful

  10. Can a creditor monitor my banking activity?

    Answered about 2 months ago.

    1. Marvin Wolf
    2. Alan D. Walton
    2 lawyer answers

    The questioner did not say he was in bankruptcy yet. If they have a civil court judgment they can issue an information subpoena to require you to give financial information so they can send the constable after your money. In a larger litigated case, they can issue a subpoena of banking records, but you can also seek a protective order. Creditors often do not know where you bank at all, unless you paid them with a check and they look at it (which is rare). Usually they send :post-judgment "...

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