John W Hargrave's Answers

Can a levy be placed on and executed (taken from) on me for a vehicle that has been pain in full for many years now ?

First, have you contacted NJ Legal Services? It sounds like you qualify for free legal representation by Legal Services. Second, many bankruptcy lawyers offer free consultations. Ask someone to help you find one who has an office near you. Third, if a creditor has sued you and gotten a judgment then they can put a lien on your SUV. If your car is very old and worth very little the creditor may not bother. On the other hand, if the SUV is worth a few thousand dollars the only practical...

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How do I know for sure all my creditors are notified about my bankruptcy filing?

Many Credit Card companies have specific addresses you are required to you for bankruptcy notices. You will be able to find that correct address on the back of the statements you receive from them. So using the address where you send your payments may not be effective notice to them that you have filed for bankruptcy. If the address you used on your petition and that appears on the mailing matrix is simply bad, the official notice sent to the creditor will often be returned by the post...

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Can school loans come after my injury settlement if I'm in good standing or forbearance?

The simple answer to your question is NO. Unless the lender has sued you and gotten a judgment against you they cannot go after the money you receive in an injury settlement. If any creditor has gotten a judgment against you then the money you receive from your personal injury settlement may be in jeopardy. If you are considering filing for bankruptcy talk to a bankruptcy lawyer NOW. You may be able to protect all of the money you will be getting if you file a bankruptcy petition before...

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Can our creditor object to my bankruptcy filing? How can they object?

The thing that needs to be said is that a creditor can object to your bankruptcy filing. The second thing you need to know is that there are two kinds of objections. The more serious one is where the creditor asks the court to declare none of your debts to be discharged (forgiven/wiped out). For this to happen the person objecting must prove one of the following: you filed bankruptcy before and you are not eligible to your debts discharged again because it is too soon. Another reason for...

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NJ Law RE Liens from Credit Card Companies

Yes, in New Jersey the creditor can get a judgment lien on the house under these circumstances. The important point is that it attaches only to interest of the spouse who was sued. This means on a practical level that creditor can not force the sale of the house where the judgment is only against one of the co-owners if the house was purchased by a husband and wife. The reason for this is that real estate purchased by people married to each other own the property in a special form of...

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I need to file bankruptcy. chapter or 13? not sure which one is for me

The answer provided by Stephen is good but let me add this thought for you. If the Federal income taxes you owed are for years 2007 or older, you may be able to discharge (wipe out) your obligation to repay them. This will not be true for the state income taxes because you haven't yet filed the returns. A Chapter 7 bankruptcy filing may for right for you. First, this kind of bankruptcy will discharge the other $10,000 in debt you owe, thus eliminating those creditors as a problem in your life....

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I am considering filing for bankruptcy. How will this affect my stock purchase palns through my employment? Right choice?

First, if you are purchasing the stock or options inside a pension plan or similar retirement account then you do not have to report those purchases only the fact that you have such a plan. If you are purchasing stocks or options outside an ERISA qualified plan then they do have to be reported. You certainly need to talk to a lawyer to determine whether you will be able to keep some or all of those things. Depending your assets, you may have to turn them over to a bankruptcy trustee so the...

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I had a default judgement on a credit card back in 09, checked on my public record and it says case status: Disposed. What does

It means that the creditor regards the judgment as no longer owed by you. That doesn't mean they legally can no longer collect from you. It just means they are telling your other creditors that they regard the debt as no longer owed

Can I file a proof of claim for my customer deposit if the deadline has passed but I was not sent notice of company's bankruptcy

Yes you can file an proof of claim. Be sure to mark the box on the proof of claim form that identifies your claim as one for recovery of a consumer deposit. The good thing you need to know is that your type of claim get priority in the payments a bankruptcy trustee will make from the funds in the estate. This means that your claim gets paid before the general unsecured creditors like credit cards or vendors. Also be sure to attach to your proof of claim any documents (such as a receipt from...

If you forget to add a debt to your bankruptcy filling?

In the 3rd Circuit there is no need to re-open your bankruptcy case to add the forgotten creditor. There is an opinion that states that a general unsecured creditor even without notice of the bankruptcy filing is deemed discharged. You need to know that if it is a creditor who has a basis to object to the dischargeability of the debt owed to it, Then the creditor move to open the case and request a determination from the bankruptcy court that the debt is not discharged. If you case is...