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Marc Charles Capone
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Marc Capone’s Answers

56 total


  • Can an attorney personally dismiss my chapter 13 case himself then call my creditors to tell them

    My husband cleaned out our accounts for his lottery addictiom problem a d i disnt know. WE HAVE NOTHING. I have this lawyer calling me and threatened me that he will personally dismiss my case and notify my creditors. I tried to explai. But he was...

    Marc’s Answer

    If you are presently in an active Chapter 13 proceeding, then no creditors should be contacting you as any contact associated with attempting to collect their debt would be a violation of the automatic stay and would be a sanctionable offense. You should speak to your counsel immediately.

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  • Bankruptcy and I left off a creditor and now there is a lien on my property.

    I filed for chapter 7 bankruptcy in 2013 and I received a discharge. I forgot to add a creditor and now when I am trying to sell my house the title report shows I have a lien. Is there anything I can do? It was a simple chapter 7 bankruptcy and...

    Marc’s Answer

    I believe pursuant to case law, that since the creditor never had notice of your bankruptcy, it may be an obstacle to your filing a motion in the Superior Court to remove the lien of record.. However, you can file a motion to reopen the Chapter 7, add the creditor and file a motion to avoid the judgment lien, which will have the same impact as the motion to remove the lien of record in the Superior Court.

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  • How to remove a negative remark from a credit report after filing a chap. 7 and being discharged of a debt.

    I filled a chap 7 bankruptcy; 2 yrs ago and it was discharged. Although, I have one account on one of my credit reports in collection saying open with the amount owed along with the remarks of chap 7 discharged. How can I have the remarks of the (...

    Marc’s Answer

    My advice would be for you to open a dispute with the credit bureau that is showing the incorrect reporting. You can usually do this online. You would supply the documentation that you are relying on (your discharge order, etc). If the creditor does not respond to your dispute within 30 days the incorrect reporting will automatically be removed.
    If a creditor continues to report negatively on your credit post-bankruptcy discharge, that would be considered a violation of the permanent discharge injunction, and yes, you would be able to file suit against that creditor and seek sanctions for contempt of the Discharge Order.

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  • How can I vacate this judgment? I cannot afford to pay an attorney (at least not very much).

    I previously owned a business for many years. The business was incorporated and had a number of LLCs that were subsidiaries. Apparently, unbeknownst to me, the business and I were sued in Federal Court in another state (New Hampshire) two years ...

    Marc’s Answer

    If you were never served with a copy of the complaint, you may be able to file a motion to have the judgment vacated on that basis. That would have to be done in New Hampshire and would only make sense if you have defenses to the complaint. You other option would be to file a personal bankruptcy so you can discharge your personal obligation on that judgment. More information would be needed to determine what type of bankruptcy you are eligible for. Since the business no longer operates, i don't see a need for you to file a corporate bankruptcy, you can simply solve the corporation if you like. Either way, it seems that a judgment against the corporation is worthless, as it no longer operates and i assume has no assets. Thus, it is just your personal obligation that is the concern and needs to be addressed. You will need to consult with an experienced bankruptcy attorney to address this issue.

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  • Do I qualify for a chapter 13 repayment plan?

    I would like to know if I qualify to file a chapter 13 repayment plan. I have $12,000 in credit card debt and $30,000 in personal loans. I lost my job 18 months ago and I have recently fallen behind on the personal loans and can only make minimum ...

    Marc’s Answer

    Yes, you do qualify for a Chapter 13 repayment plan. As long as you have regular income, which you do, and are not over the debt limits, which based on the information that you provided it does not appear that you are even close to, then you qualify for a chapter 13. The question will become is the payment that will be required feasible for you to make on a monthly basis. In order to answer that question, an experienced bankruptcy attorney would have to sit down with you and get a lot more information. For example, we would need to know if the house is owned solely by you and what the rest of your monthly living expenses are, so that it can be determined how much of your unsecured debt would have to be paid back through your chapter 13 plan and what type of payment you could afford.

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  • How long the process? Fees??(ballpark)

    filing for bankruptcy.

    Marc’s Answer

    The process from filing to discharge will take approximately 4 months. How long it will take to get your case filed, is mostly dependent on you. How quickly you provide your attorney with all of the paperwork required to properly prepare your bankruptcy petition, how quickly you get your credit counseling completed, and how quickly you can pay the retainer. The amount of fee will depend on whether you qualify for a chapter 7 or if you have to file a chapter 13. The Court cost for a chapter 7 is $335.00 and for a Chapter 13 it is $310.00.

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  • If I file bankruptcy will the garnishment from my taxes I owe will they stop?

    I have over 200k in debt from medical procedures and my paycheck is being garnished for taxes I owe in the passed if I file bankruptcy will the garnishment stop?

    Marc’s Answer

    Yes, upon filing he Automatic Stay goes into effect and the garnishment will have to cease. Whether we can prevent the garnishment from resuming in the future depends on whether the taxes you owe are dischargeable taxes or not and whether you file a chapter 7 or a chapter 13. You will need to consult with an attorney to analyze these issues, as only after such analysis can a proper answer to your question be given.

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  • Bankruptcy: Chapter 7 now Chapter 13?

    Six years ago, I filed Chapter 7 bankruptcy after making bad decisions as a young adult. To make a long story short, between health issues, my fiancé leaving me, and being a single mother, I continued to make bad decisions and am in over my head i...

    Marc’s Answer

    Yes, a chapter 13 would be an option for you. In fact that would be your only bankruptcy option right now as you may not receive another chapter 7 discharge at this time, due to your previous discharge six years ago. The NJ Bankruptcy Courts have a no look fee of $3,500.00 for a chapter 13, which is what most attorneys charge for a chapter 13. However, in a chapter 13 we can put some of the fees into your plan, thus making the up front retainer easier to afford. You should make an appointment with an experienced chapter 13 attorney so that the process can be explained in detail and any other options could be explored. Good luck.

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  • I need to File Ch7,but I am paying on my Mother account Credit cards,becauswe I charge them with her ok.I can not let my Mother

    It's been very hard.I got very sick almost die. And watch, my good credit go bad.My mom let me charge I screw up !.Can I file on my credit cards while still paying on her.Mom comes before me she did nothing wrong,but give me life.I got sick lost...

    Marc’s Answer

    Your Mother's credit card cannot be listed on your petition and thus, will not be discharged.. Accordingly, the debt will survive your bankruptcy filing, thus if you continue to pay that debt after your bankruptcy filing that is fine.and there would be nothing to prevent you from doing that. You should discuss the ramifications of paying that debt prior to your bankruptcy filing, if there are any, with your bankruptcy attorney.

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  • 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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