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Marc Charles Capone
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Marc Capone’s Answers

47 total


  • EMERGENCY REFILIING CHAPTER 13

    It is possible to refile a chapter 13 as an emergency. My original was just dismissed and I am afraid to lose my car.. How long does the emergency refiling take? I dont have the money to reopen the case that was just dismissed

    Marc’s Answer

    You can file an emergent petition, which would include the voluntary petition page and your list of creditors. Once filed, the Court will generally give you about 10 days to prepare and file the balance of the schedules. Additionally, you will have to have completed your pre-petition credit counseling prior to being able to file the new petition. Once the case is filed, a motion to extend the automatic stay will need to be filed with the Court, since you have had a prior case dismissed within the last 6 months. Within this motion, you will have to show a change in circumstances that will allow this case to succeed where the past case failed. Any experienced bankruptcy attorney will be able to assist you with this. Good luck.

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  • Chapter 13 bankruptcy filing for a married couple... questions below.. Please help I am trying to assist my parents in filing

    1. When filing jointly are the debtors required to take the credit couseling course together or seperately? Meaning two certificates submitted or one? 2. When calculating the payment arrangement for the Chapter 13 do most lawyers use a progra...

    Marc’s Answer

    Credit Counseling must be done separately by each Debtor and there must by a separate Certificate filed with the Court for each Debtor.
    Your Chapter 13 plan payment would be determined by many different factors. Whether you have any secured or priority debts that need to be paid through your plan is one determinative factor. As to your unsecured creditors, payment is determined either by calculation of the Means Test or by a liquidation analysis of your real and personal property.
    My advice would be to seek counsel and hire an attorney to prepare your petition and plan as it is not an easy process to navigate yourself. Good Luck.

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  • If I file the initial paperwork for a chapter 13 bankruptcy. can I than turn it over to a qualified attorney.

    NJ

    Marc’s Answer

    Yes, you can have an attorney substitute into your case after it is filed. However, my personal preference is to prepare the petition and plan myself. Most pro-se debtors are not going to prepare these documents properly, so in most case, the petition and plan will have to be substantially amended. It is important at the outset of a case, that all of the information necessary to prepare a petition properly is gathered for a variety of reasons. One, so the information on the petition is correct and two, because shortly after filing there is a large amount of documentation that the Trustee will require. In short, my advice would be to find a competent attorney prior to filing, as it will make the process go a lot more smoothly. Good luck.

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  • Should I include my spouse on Schedule A - Real Property when Filing Chapter 7 Bankruptcy

    My wife and I own a home and would like to file Chapter 7 Bankruptcy due to foreclosure. The mortgage was signed by both of us, however the promissory was only signed by myself. Do I have to include my wife on Schedule A-Real Property listing her ...

    Marc’s Answer

    The Deed is what governs ownership. If your wife is listed on the Deed as a joint owner, then you would indicate on Schedule A that the property is jointly owned.

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  • I have money that was garnished but never dispersed to the creditor, and I filed Banckruptcy but

    I had a wage garnishment start and after a total of 700$ was taken out, I filed chapter 13 Banckruptcy that stopped the garnishment except for one payment that continued after the filing. I was informed by my attorney that the 700$ would be return...

    Marc’s Answer

    • Selected as best answer

    The creditor must return the money to you if it was taken within 90 days of your chapter 13 filing. the first step would be to send a letter to the creditor's attorney and demand the return of the monies. At that point, if hte creditor has not yet received the garnished funds from the Court Officer, the creditor will send a letter to the Court officer requesting that the funds be returned to you. If the creditor does not do this voluntarily, you may have to file a motion and can seek to have the creditor sanctioned by the Court. If the problem is the Court Officer, then you may have to file a motion and seek sanctions against the Court Officer. I have had this situation before and was forced to file such a motion against the Court Officer for his refusal to turn the funds over, even after reuqested to do so by both the creditor's attorney and my office multiple times. The Court granted our motion ordering the Court Officer to turn over the funds immediately and sanctioned the Court Officer $1,500.00 for his violation.

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  • How can I file personal bankruptcy without impacting business?

    When I started my business I used personal credit but the business pretty much failed but I figured out to pursue something with a better prospect. My business is a corporation. My business is now making some money but I'm still not able to pay...

    Marc’s Answer

    it is possible to file a personal bankruptcy and discharge all or a portion of the unsecured debt that you have incurred as a result of your old business. There are factors to consider regarding potential joint obligations of the business on some of the debt. I would need to know more detail as to whose name the debt is in, and how much household income you have before giving any specific advice, however you would certainly have a bankruptcy option available to help you, whether that be a chapter 7 or a chapter 13.

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  • Am I responsible for a doctors bill debt that I incurred after I filed bankruptcy, but amended my petition to include the bill?

    I received a discharge for my chapter 7 case, but the company that did lab work is still sending me a bill even though I amended my petition to include them and sent them all the paper work proving I did so and received a discharge. I incurred the...

    Marc’s Answer

    The debt you owe to the doctor is not discharged, as you cannot discharge debts that you incur after you have filed your petition. You will have to make arrangements to pay the bill.

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  • Disposable Income - Debt Repayment

    How is disposable income determined for repayment of debt? Does it matter what type of debt it is? Debt is income taxes as well as medical bill. Is repayment a percentage of disposable income? If so, how much of a percentage? I have substant...

    Marc’s Answer

    I'm confused by your question, as you are asking about determination of diposable income, yet indicate Bankruptcy is not an option. So I'm not sure in what context you are asking about determination of disposable income. However, in a bankrutpcy context, disposable income is determined by the Means Test. To over simplify it, you would need to take your household income from all sources, over the last 6 months and derive at a monthly average, that is then multiplied by 12 to get a yearly figure, called your current income. That current income is then matched up with the median income in NJ for a household of your size. If your income is above the median income, you will then take the monthly average and deduct from that your expenses as allowed by the Bankrutpcy Code to determine your monthly disposable income.
    My suggestion would be to schedule an appointment with a knowledgeable attorney that is well versed in both bankruptcy and debt resolution so as to properly advise you with regard to your situation. You may be surprised how a bankruptcy can benefit you, especially with regard to your tax debt.

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  • If I am behind on my mortgage and cannot pay it back within the 5 yr period of a Ch. 13, will a Ch. 11 give me more time to pay?

    My lender won't give me a modification. I can pay back my arrears plus the regular mortgage if only I could have more than 5 years to pay it back.

    Marc’s Answer

    Yes, you can pay the arrears back over more than 5 years. We recently confirmed a chapter 11 case that provided for repayment over 72 months. The tradeoff will be that the attorneys fees and court costs will be higher for a chapter 11 than they would be for a chapter 13.

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  • Is there any lawyers in the Burlington or Camden, NJ that offers pro bono work for chapter 7 adversary proceeding?

    Unable to afford a lawyer.

    Marc’s Answer

    You need to contact the legal services office in the County in which you live and see if you qualify for their pro bono program. If so, they will assign you an attorney.

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