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Robert Manchel

How Long Is The New Jersey Foreclosure Process

January 28, 2014 by Robert Manchel

The New Jersey foreclosure process is a very lengthy compared to other states. There are so many foreclosure filings in New Jersey that virtually every one either knows someone whose house is in foreclosure, or is aware of a foreclosure within their neighborhood. Also, I am sure that most people know of a circumstance where a person’s property has been in foreclosure for numerous years.
Prior to the fall out of the economy, the real estate crash, and the rise in the foreclosure filings, a typical foreclosure action took approximately eight months. However, over the last four years a foreclosure action could have taken many years, from the date of the filing of the lawsuit to the sheriff’s sale. The two main reasons for the delay was the inability for the system to handle the high volume of foreclosures and the New Jersey Supreme court’s order to cease all filings for approximately one year. Furthermore, there are only a hand full of law firms that handle the bulk of the foreclosure actions. This resulted in a back log, not only with the courts, but with the law firms, as well.
However, presently, the system is much more efficient, as the back log has thinned out. Also, the court has implemented an electronic filing process that has reduced the time between the filing of the complaint through the sheriff’s sale.
At present, it is estimated that a foreclosure complaint may be filed after approximately three or four months of mortgage arrears. The estimated time between the filing of the foreclosure action through the date of the sheriff’s sale is about eight months.
You can contact Robert Manchel, the NJ. foreclosure resolution attorney, at (866) 503-5655.

Filed Under: Mortgage Foreclosure Resolution

What Happens If I Own Valuable Property Jointly With A Non-Filing Chapter 7 Debtor in NJ?

January 27, 2014 by Robert Manchel

Typically, someone can keep all of their property in a chapter 7 New Jersey bankruptcy without the trustee selling any property. The loss of any property by way of the sale by a trustee is very unusual. Also, prior to filing a chapter 7 the person filing (debtor) should know, based on the value of his property, that the trustee will sell a particular piece of property. The sale of any property should never be a surprise.
A trustee will only sell property if the particular property is very valuable and may not be fully exempt. However, if a debtor owns any property with a substantial value, the trustee may be permitted to sell such property. The fact that someone else owns the property jointly will not prevent the trustee’s right to sell. However, the non filing joint owner will be paid their ownership interest in the property.
Example:
A trailer is jointly owned by a New Jersey chapter 7 debtor and a person who did not file a bankruptcy case.
Trailer value is $75,000.00;
Loan financing balance is $5,000.00;
Cost of sale is $8,000.00
The amount received by the bankruptcy trustee after the sale is $62,000, which is the balance after paying the costs and the loan balance. The non filing joint owner would be paid $31,000, which is his one half interest in the trailer.
Now, lets assume that the debtor can apply $10,000 of his bankruptcy exemptions towards the trailer in a New Jersey bankruptcy. This means that the trustee must pay the debtor $10,000.00, which is his exemption. The trustee would be paid his commission, with the balance to be paid to the creditors, pursuant to priority, under the bankruptcy code.
Robert Manchel is an experienced lawyer in New Jersey, that limits his practice to bankruptcy and foreclosure resolution. Mr Manchel may be contacted at (866) 503-5655.

Filed Under: Chapter 7 Bankruptcy

NJ Bankruptcy Lawyer Discusses How To Improve Your Credit After Bankruptcy

January 27, 2014 by Robert Manchel

Many clients advise me that they only want to use cash and will never use credit cards, again, after bankruptcy. However, in the U.S. economy it will likely be necessary to use credit for various needs. In other words, you may need credit to buy an automobile or other essential items. Therefore, the better your credit worthiness the lower your interest rates and the cost of credit.
Also, please note that a high credit score does not necessarily mean that you are a good credit risk. For example, a person with a high credit score, with tons of debt and a very low paying job, may not be a good credit risk.
After a bankruptcy case is completed and the debtor has been granted a discharge, the debtor must obtain their credit report from all three credit bureaus- Experian, Equifax and TransUnion. The credit report must reflect that all dischargeable debt is marked as discharged. The debtor may need to wait some time after their discharge for their credit report to accurately reflect the bankruptcy discharge. If their credit report is not properly reflecting this information, the bureaus must amend the credit report accordingly. In the event the credit report is not properly reflecting this information after a reasonable time period, one should send a letter requesting the change to all three bureaus with the discharge order enclosed. Also, a copy of the letter should be sent to the creditor.
Also, after the discharge, the debtor should obtain a secured credit card from a bank. My explanation of a secured credit card is in a separate blog. After making timely payments in connection with your secured credit card, the individual should apply for additional credit cards from other banks. All monthly credit card payments should be current and up to date.
You may contact Robert Manchel, NJ bankruptcy attorney, for a free consultation, at (866) 503-5655. We can discuss your individual circumstances and whether bankruptcy protection is an option for you.

Filed Under: Credit And Bankruptcy

NJ Bankruptcy Lawyer Explains How A Secured Credit Card Can Help Your Credit After Filing Bankruptcy

January 25, 2014 by Robert Manchel

Believe it or not, at about the time a person obtains a New Jersey bankruptcy discharge, he will likely receive numerous mail solicitations for credit cards. The solicitation proposals are very costly and do not substantially benefit your credit. Such credit cards offer very high charges, with very high interest rates and very low limits.
A secured credit card is a credit card issued by a bank that is connected with a money deposit in the bank. The credit limit on the card is, typically, no more than the amount that must be maintained in the bank account. For example, the bank will require a $1,000.00 deposit, for a credit limit of $1,000.00 or less. The bank will extend credit to someone to whom they would typically not extend credit because they are protected by holding the amount that someone borrows. There is very little risk for the bank.
Typically, the best way to improve your credit score is to establish a secured credit card account. Although the qualifications for a credit card approval is different for each bank, typically all banks will not approve someone for such a card until they have received a bankruptcy discharge. This means that the bankruptcy case must be totally completed before receiving the card. Some banks will approve a person for a secured card immediately after the completion of a case and others require a year after the bankruptcy completion.
After a person continues to make timely payments on the card for some time, his credit will improve. Thereafter, another bank may approve this person for a conventional credit card based on the established timely payments. This process will improve your credit and your ability to obtain future credit.
Robert Manchel is a NJ bankruptcy attorney that is available to answer your questions about how bankruptcy affects your credit, at (866) 503-5655.

Filed Under: Credit And Bankruptcy

How Does Filing Bankruptcy In NJ Affect My Credit?

January 24, 2014 by Robert Manchel

A New Jersey bankruptcy clearly has a negative impact on your credit score. In other words, a bankruptcy filing will definitely reduce one’s credit score. The lower one’s credit score at the time of the filing, the less the bankruptcy filing will impact a credit score. However, typically after a bankruptcy discharge, a person’s credit worthiness increases substantially.
The basics of one’s ability to obtain credit with a low interest rate is virtually common sense. What does a prospective creditor look at to determine whether a creditor will lend money and the amount that will be lent? Typically, they will consider the borrower’s income, debt, expenses, credit score, and assets. A credit score is only one criteria that is considered. Someone with an excellent credit score with a ton of debt and a low paying job, is typically not a good candidate for a loan.
After a bankruptcy discharge, a person can rebuild their credit score with some easy strategies.
You may contact Robert Manchel, experienced NJ bankruptcy lawyer, at (866) 503-5655, to discuss how bankruptcy will impact your credit and how bankruptcy protection may apply to your personal situation.

Filed Under: Credit And Bankruptcy

Attorney Explains What Happens When Two People Own A Car Jointly And One Of Them Files Bankruptcy in NJ

January 10, 2014 by Robert Manchel

What happens if a person, who does not file for bankruptcy, jointly owns an automobile with a person who has filed for bankruptcy (debtor). The law is the same no matter the relationship between the filing (debtor) and non bankruptcy filing person (ie, friend, son, spouse).
In virtually every case, the debtor is permitted to keep his auto, from the sale of the trustee. Therefore, for this blog, we will assume that the auto does not have substantial value, and the debtor is permitted to keep the auto.
The state law, and not the bankruptcy law, applies to the non filing joint owner. This means that if the payments are current, the non filing person would be able to keep the auto, as if no bankruptcy was filed. The right of the non filing owner to keep the auto will not change no matter what information the debtor provided on his petition, with the exception of fraud. Also, the bankruptcy filing would not modify any terms of the financing.
As long as the payments are made on a timely basis, by any means, the finance company could not repossess the auto. Conversely, if the auto payments come into default after completion of the case and discharge, the finance company can always repossess the auto.
Also, if all required finance payments are made, by any means, or by any person, both individuals would own the auto jointly, after completion of all payments. Per state law, if the the auto payments are in default, the finance company could repossess the auto, sell the auto, and sue the non-filing individual for the deficiency that is due.
No information stated above would change the law relating to the non filing person, whether or not the debtor signed a reaffirmation agreement. However, if the debtor signed a reaffirmation agreement, and the payments fell in default, the finance company would be permitted to repossess the auto and sue both the debtor and non filing individual, for the balance due after auction. If the payments are in default, after the completion of the case and the debtor did not reaffirm the debt, the finance company would not be permitted to sue the debtor, as the debt would have been discharged.
Robert Manchel is an experienced New Jersey bankruptcy practitioner and will answer your questions by calling (866) 503-5655.

Filed Under: Auto In Bankruptcy

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      Manchel
      New Jersey
      Bankruptcy Law

      This web site is designed to provide general information regarding the bankruptcy laws. The bankruptcy laws are complex and may be applied differently, in each case, depending on the particular facts. There may be numerous exceptions and variations for each law and rule. Do not rely on the information provided in this web site. If you are considering filing for bankruptcy protection, you should consult with an experienced NJ bankruptcy lawyer. We are a debt relief agency. We Help people file for bankruptcy relief under the bankruptcy code.

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