Marc Charles Capone’s Answers

Marc Charles Capone

Spring Lake Chapter 13 Bankruptcy Attorney.

Contributor Level 7
  1. I'm looking for a lawyer/representation

    Answered about 1 year ago.

    1. Marc Charles Capone
    2. Bruce H. Levitt
    3. Richard E Weltman
    4. J. Thomas Smith Ph.D.
    4 lawyer answers

    Not all tax debt is dischargeable in a bankruptcy. I'm oversimplifying but, your taxes must be over three years old in order to be underconsideration for being discharged in a bankruptcy. There are futher considerations to determine dischargeability of those tax debts, which you should contact a competent bankruptcy attorney to go over, but the starting point is the three year old time period. Thus, presently your 2009 and prior tax obligations could be discharged. You could also file a...

    9 lawyers agreed with this answer

  2. What happens to credit card debt upon death of the cardholder? Is the estate liable for the debt?

    Answered 8 months ago.

    1. Marc Charles Capone
    2. Dorothy G Bunce
    3. Alan James Brinkmeier
    4. Jonathan Stone
    4 lawyer answers

    The estate would be liable for the debt. it is good advice to speak with a good estate attorney and you also may want to consult a bankruptcy attorney for your mother now. She may be able to discharge all of her debt now and thus, it would not be an issue for the estate.

    Selected as best answer

  3. Can I contest a foreclosure complaint after filing Chapter 7 Bankruptcy?

    Answered over 1 year ago.

    1. Bruce C Truesdale
    2. Robert N Braverman
    3. Marc Charles Capone
    4. Steven R. Neuner
    5. John P Fazzio III
    5 lawyer answers

    No. The filing of the Chapter 7 would stay the foreclosure proceeding while the bankruptcy case was pending, until such time as the mortgage company obtained relief from the stay or the chapter 7 trustee abandoned his interest in your home. However, you would not waive your right to file a contesting answer to the foreclosure complaint due the filing of your Chapter 7 case. Be mindful though that you would have to file your answer to the foreclosure complaint within the 35 days of being...

    7 lawyers agreed with this answer

  4. What happens to my home if I file for chapter 7 bankruptcy in the state of NJ? Do I lose my home?

    Answered 7 months ago.

    1. Marc Charles Capone
    2. Roy A. Praver
    3. Christine B. Adams
    4. Richard D. Granvold
    5. Stuart M Nachbar
    6. ···
    7 lawyer answers

    It would depend on the value of your home and how much equity there is in your home. The Bankruptcy Code provides certain exemptions that are permitted to use to exempt equity that you may have in your various assets, including your residence. As long as any equity in your residence that you have is exemptable, then you would not lose your home in a Chapter 7 proceeding. This is all assuming of course that you qualify for a Chapter 7, which is determined by something called the means test....

    6 lawyers agreed with this answer

  5. Reopening a bankruptcy case

    Answered over 1 year ago.

    1. Marc Charles Capone
    2. Steven R. Neuner
    3. Scott Benjamin Riddle
    4. Dorothy G Bunce
    5. Diane L Gruber
    5 lawyer answers

    It is posible to re-open a case depending on the reason that the case had been dismissed. If the case was a chapter 13 that was dismissed for a delinquency with your Trustee payments and you had a sum of money to either bring the case current or substantially current, then you could file a motion to reopen and indicate the same to the Court. Also, for example, if your chapter 7 was closed withour discharge because you failed to complet the Debtor Education Course, you could complete the...

    6 lawyers agreed with this answer

  6. Stripping judgment lien after bankruptcy case is closed. New Jersey Attorneys only please!

    Answered over 1 year ago.

    1. Robert H Johnson
    2. Marc Charles Capone
    3. Stuart M Nachbar
    4. Steven R. Neuner
    5. Bruce C Truesdale
    5 lawyer answers

    Yes, you would need to file the motion under the same docket number and in the same Court in which the judgment had been entered. You can remove the judgment lien of record so long as the judgment lien was an avoidable lien under the Bankruptcy Code at the time your bankruptcy was filed. We charge $500.00 for the motion plus Court costs, which is usually $35.00. If opposition was filed by the judgment creditor the cost could increase, but it is extemely rare that oppostion is filed.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. I need to file chapter 7 bankruptcy immediately, and can't afford a lawyer. I want to keep my house

    Answered over 1 year ago.

    1. Marc Charles Capone
    2. Robert H Johnson
    3. Eugene P. Castagliuolo
    4. Maxim Christopher Zawojski
    5. Diane L Gruber
    5 lawyer answers

    if you can't afford an attorney, you should contact Legal Services in your county and see if you qualify to have a pro bono attorney appointed for you. I would not recommend attempting to file a bankruptcy without the help of an attorney.

    5 lawyers agreed with this answer

  8. Chapter 7 Means Test

    Answered over 1 year ago.

    1. Bruce C Truesdale
    2. Marc Charles Capone
    3. Stuart M Nachbar
    4. Karina Pia Lucid Esq.
    5. Scott Benjamin Riddle
    6. ···
    7 lawyer answers

    if you pass the means test, it is a presumption that there is no abuse and thus you are eligible to file a chapter 7. However, if you have had a change in circumstances and your budget reflects an ability to make payments to your unsecured creditors had your filed a Chapter 13, the Trustee or a party in interest may still object on the basis that your are not making your best efforts to pay what you can afford to your creditors. Suffice it to say that there is more to the analysis than just...

    5 lawyers agreed with this answer

  9. Filing Taxes and Bankruptcy

    Answered over 1 year ago.

    1. Robert N Braverman
    2. Marc Charles Capone
    3. Matthew Scott Berkus
    4. Steven R. Neuner
    5. Scott Benjamin Riddle
    6. ···
    7 lawyer answers

    It doesn't matter when you actually file the return, if you are filing a petition in 2013 any tax owed for 2012 will be a pre-petition debt. Thus, if you are proposing to pay those taxes in a chapter 13 plan and thereby avoiding having to pay any penalties and interest on that tax obligation you may want to at least have the return prepared first so that you know the amount owed and can better prepare your chapter 13 plan. If you are filing a chapter 7, then the debt owed for 2012 income...

    5 lawyers agreed with this answer

  10. Is there a law or rule which says that a debt assumed after the debtor filed a capt . 13 & never listed is still valid ?

    Answered over 1 year ago.

    1. Marc Charles Capone
    2. Bruce C Truesdale
    3. Michael S Schwartzberg
    4. Michael J Corbin
    4 lawyer answers

    I agree with the prior answers. The Bankruptcy Code section relating to dischargeable debts is 11 U.S.C. 1328. Also, if the Debt was incurred after the date that the Debtor's petition was filed, it could not be discharged in the Debtor's chapter 13 case.

    Selected as best answer

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