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Joseph J Rogers

Joseph Rogers’s Answers

10 total

  • Last year I signed a consent order and seeking seeking Chapter 7 Bankruptcy

    Last year I signed a consent order, a voluntary dismissal without prejudice with the lender. I'm currently 40 payments behind on my mortgage so I'm seeking to apply for Chapter 7 Bankruptcy. Will the lender file a motion to vacate the dismissal ...

    Joseph’s Answer

    The mortgage company will most likely refile a new foreclosure either after your Chapter 7 is over or they may file a motion for relief during your Chapter 7 to speed up the process. Even though the process is starting to speed up there are large back logs on foreclosures and should have time.

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  • Ch 7 bankruptcy approved; kept 8 yo car; the car now is my only asset. Can this car be seized by future creditors b4 another BR?

    can my car b seized by future creditors b4 I'm able to declare another BR?

    Joseph’s Answer

    yes, but very unlikely.

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  • What the point of waiting one year before someone can vacate a judgment after bankruptcy in NJ?

    what the point of waiting one year before someone can vacate a judgment after bankruptcy in NJ?

    Joseph’s Answer

    New Jersey state law requires you to wait a 12 month period after receiving your discharge before filing a motion to vacate the judgement. There is a year statute of limitations for the Trustee to re-open your case and vacate your discharge.

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  • Bankruptcy trusties

    Do bankruptcy trusties usually ask personal questions like why did you live beyond your means, and why you didn't pay your debts??

    Joseph’s Answer

    In our district they will commonly ask these types of questions.

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  • Bankruptcy filing fee waiver

    if my income is below the poverty line but I am employed, can I still apply for a fee waiver, even if I pay someone money to file my bankruptcy case?

    Joseph’s Answer

    Yes, whether you pay an attorney is a factor but it may not prevent you from qualifying.

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  • Should i file for bankruptcy or should i just ignore all judgments and debts? I have no assets and little income.

    should i file for bankruptcy or should i just ignore all judgments and debts? I have no assets and little income.

    Joseph’s Answer

    Although you may be "judgment proof today" that does not mean you will always be judgment proof. You may obtain a job with ahigher income or come in to assets that this judgment can attach to at some point in the future and you may not qualify to discharge the debts debts in a bankruptcy at that time, while you could have already discharged them now.

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  • Can the bankruptcy court date be postponed or rescheduled?

    can the bankruptcy court date be postponed or rescheduled?

    Joseph’s Answer

    Yes, your 341 hearing can be postponed. You need the consent of the Trustee. Many of them will not postpone it a second time.

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  • How much is the current filing fee for chapter 7 bankruptcy?

    How much is the current filing fee fora chapter 7 bankruptcy?

    Joseph’s Answer

    The fee for filing a Chapter 7 bankruptcy is $306. The fee for filing a Chapter 13 bankruptcy is $281.

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  • Is it legal for credit card companies to reveal my balances to people not attached to my account?

    I'm a 24 year old living at home. My father, with whom I share a name, applied to refinance his mortgage. A portion of the paperwork they sent him included all of his credit cards and their balances, however it included two of mine. This seems ...

    Joseph’s Answer

    I agree with the advice above. Although it is a privacy violation it is inadvertant and very common with a father and son who have the same last name. You may also both want to review your credit reports periodically beacuse these accounts may also be on the wrong credit report which can effect both of your credit scores.

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  • Certificate of Notice sent to student loan creditors. Are the student loans actually dismissed from collection activity or not.

    I have a certificate of notice that lists 2 student loan creditors however, these creditors state the loans cannot be discharged. While I understand that for the most part this is correct, why then would a certificate of noticed be sent to them?

    Joseph’s Answer

    All Creditors need to be listed on your bankruptcy. Even if they are not dischargeable in the Bankruptcy. The student loans are correct that they are non-dischargeable in a bankruptcy. There is something called a hardship discharge. You would have to file an adverary proceeding to have them discharged under a hardship discharge. The stand is very difficult to meet.

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