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New Jersey Bankruptcy Blog

How to Better Manage Your Finances and Avoid Bankruptcy in New Jersey: Part II

December 2, 2010 by Robert Manchel

In our last blog post, we featured tips from an article from CNN Money about how Americans can manage their money better, particularly during these trying economic times. We covered good debt versus bad debt, how you should pay off your debts, and using your credit card smartly. Taking control of your finances and watching your spending habits can help prevent you and your family from falling into serious debt and potential bankruptcy in New Jersey.
The article also discussed several other money managing tips. They caution against falling into “the minimum trap,” which is when you only pay the minimum amount on your credit card bill. Paying your bill in this manner will hardly cover the interest charges and will take you months, if not years, to pay off your total balance. In the end, if you only pay the minimum, you will spend much more than the original amount you charged to your credit card.
You should also be aware of where you borrow your money to pay off debt. While it could be convenient to borrow against your 401(k) or your house, doing so can be very risky. You could potentially lose your home in a New Jersey foreclosure.
One of the most important recommendations the article makes is to plan for the unexpected. Start creating a safety net of a few months of living expenses in case of any emergency. Not having a disaster fund can seriously cripple your finances, if you suddenly have an expensive car repair or something of that nature that requires immediate action.
If you have a mortgage, one shouldn’t be so quick to pay down the mortgage instead of paying down the credit card debt, as a mortgage is likely to have a lower interest rate. Also, one is able to deduct the interest paid on the first $1 million of a mortgage loan, which can be very helpful. However, if your mortgage happens to have a high interest rate and you need to lower your monthly payments, you may want to consider refinancing your home.
If you find that you are still struggling with your debts, you should get help as soon as you realize the necessity. There are many debt counseling agencies with a good reputation that could help you consolidate your debts and help you manage your finances better. But be careful—there are also many disreputable debt counseling agencies.
Being smart about your finances can save you from many headaches and improve your quality of life. However, depending on your situation, it may be a good idea to file for bankruptcy in New Jersey. Every bankruptcy case is different, so you might want to consult with a New Jersey bankruptcy attorney to learn about your options. At the Law Offices of Robert Manchel, our lawyers have helped countless individuals navigate through the New Jersey bankruptcy process. If you have questions about filing for bankruptcy in New Jersey, please contact our office to talk with one of our knowledgeable and experienced bankruptcy lawyers. Call us today at 866-503-5655.

Filed Under: Bankruptcy

How to Better Manage Your Finances and Avoid Bankruptcy in New Jersey: Part I

November 30, 2010 by Robert Manchel

With America’s culture of consumerism, it should come as no surprise to find that Americans are heavily loaded with debt from credit cards. The average household in America that possesses at least one credit card has an average of over $10,000 in debt from credit cards.
CNN Money has a list of top things Americans need to know about handling their finances. First, they acknowledge that some debt can actually be good—such as borrowing money to pay for college or a home, but that you should be cautious not to borrow more money than you can pay back. They also advise shopping around to find the best interest rates. However, there is bad debt, such as using a credit card to purchase things like vacations that can’t be paid off in full within a few months. Using a credit card for expensive items that can’t be paid off timely is a fast way to find yourself in serious debt. They recommend putting cash aside each month to save for a big ticket item before charging your credit card, so you can pay the full amount when it is due and avoid paying high interest charges.
The article also urges Americans to think about what it is they’re purchasing. They suggest making a list of your typical monthly spending habits and then cut out the items you don’t really need. Save the money you would have spent or use it to try to reduce your debt faster.
When paying off your debts, first pay off the highest- interest rated debts, which CNN Money says is the solution to efficiently getting out of debt. Pay the balances of credit cards or loans that charge the highest interest, while you pay the minimum balance due on other debts. Once the high interest debts are paid off, pay off the next highest, and so forth. Soon you will find your debts greatly reduced.
Managing your money wisely can help you avoid filing for bankruptcy in New Jersey. However, in some cases, it may be in your best interest to file for New Jersey bankruptcy. Everyone’s situation is different, and it may be a good decision to speak with a New Jersey bankruptcy lawyer to find out your legal rights and options. The attorneys from the Law Offices of Robert Manchel have worked with many individuals, regarding their decision as to whether bankruptcy is the best solution. We can help guide you through the bankruptcy process and answer any questions you may have. If you are considering filing for bankruptcy in New Jersey, please contact our office to speak with one of our skilled and knowledgeable bankruptcy attorneys today. Call us at 866-503-5655.
Check our blog later this week for part II on how you can handle your money more wisely and potentially avoid filing for bankruptcy in New Jersey.

Filed Under: Bankruptcy

Across the U.S., Foreclosures Stop Amid Investigations

November 11, 2010 by Robert Manchel

According to a recent article in USA Today, the foreclosure rate across the country has dropped roughly 6 percent, as state and federal investigations are conducted on foreclosure cases in 23 states that require court approval. There has also been heavy coverage by the media regarding foreclosure errors, where many mortgage companies failed to follow proper legal procedures in thousands of foreclosures. There is an estimated 1 million homes in the midst of foreclosure in the U.S., and with news of faulty methods by mortgage servicers being reported, many homeowners are hiring attorneys to help challenge foreclosure actions.
In Florida, circuit courts have reported more than two out of three cancelations in foreclosures, while the normal ratio is less than one out of three. The delay has been attributed to banks, which are slowing processes down as reports of “robo-signers” have recently come to light. Many U.S. states require verification that documents in a foreclosure process are accurate, and in some cases must be signed by a notary.
Bank of America has reported that it will refile affidavits in over 100,000 foreclosure actions within the 23 states requiring judicial approval. It will then complete a state-by-state review of their foreclosure documents in the remaining 27 states. JPMorgan Chase has stated it will need to refile approximately 115,000 affidavits in 41 states. They have temporarily suspended foreclosure completely within those states. Other mortgage companies and banks have found themselves in the same situation.
Once the affidavits are refilled, foreclosures in those states will begin again, pending a judge’s ruling in each case. Many judges are now demanding more information from mortgage servicers with the recent revelation regarding faulty paperwork and robo-signers. Some companies have failed to produce proof of ownership of the actual mortgage note when attempting foreclosure on a house. This typically occurs when mortgages are transferred from lenders to investors, and sometimes even to other investors.
In New York, courts are requiring that mortgage company’s attorneys to do their part, not just judges, to ensure that foreclosures are properly handled. A new rule that effects an estimated 80,000 pending foreclosure cases, requires attorneys to sign an affirmation stating that they reviewed all foreclosure documents and asked the lenders and banks to verify the accuracy of the documents. Any attorney who files a fraudulent affirmation would face court sanctions. Other states are considering instating similar rules.
Unethical action on the part of mortgage companies and banks affects all Americans. For information about New Jersey foreclosure and bankruptcy, please contact the Law Offices of Robert Manchel. Our New Jersey foreclosure and bankruptcy attorneys will assist you during this difficult time. Call today at 866-503-5655.

Filed Under: Mortgage Foreclosure Resolution

Fraudulently Processing Paperwork at the Center of Home Foreclosure Probes in Florida

November 5, 2010 by Robert Manchel

Defendants of a foreclosure action has become an unfortunate reality for thousands of Americans across the country. Under expected conditions, the New Jersey foreclosure process is challenging to deal with. However, at the heels of investigations into the unethical business practices of lenders, many people facing foreclosure may be asking themselves what they did to deserve such a corrupt and expedited customer service practices.
According to The Miami Herald, a Palm Beach County judge has put a stop to a state subpoena asking permission to further investigate a law firm in Boca Raton that has been accused of unethical foreclosure practices. Reportedly, the law firm has been accused of filing fraudulent documentation during speedy foreclosures, which unfairly forces families and individuals out of their homes sooner than they should have been. The article explains that the judge rejected the subpoena due to the lack of evidence supporting the allegations presented for pursuing the subpoena. It is likely that additional evidence will undoubtedly be sought to bring to light the true reality of the situation. Unfortunately, many lenders and law firms have been accused of unscrupulous behavior, particularly the firms that handle high volumes of foreclosure cases. The problems are associated with the lenders and law firms’ representatives’ failure to properly review and confirm the accuracy of the information presented in each case. Also, there are allegations that the lenders are signing certain documents without reviewing any information, whatsoever. In short, people all across the country have lost their homes because foreclosure representatives have failed to do their jobs properly.
Going through the foreclosure process can be one of the most stressful situations that any person must confront. Fortunately, there are attorneys who are prepared to help homeowners protect their homes and discuss all options in this regard. At the Law Offices of Robert Manchel, our experienced New Jersey foreclosure resolution attorneys assist individuals with legal matters pertaining to the foreclosure process and filing for Chapter 7 and Chapter 13 bankruptcy. For more information about how to save your house from foreclosure in Bankruptcy, please contact a skilled New Jersey foreclosure attorney today at 866-503-5655.

Filed Under: Mortgage Foreclosure Resolution

Elderly Americans are More Likely to File for Bankruptcy Than You May Think

November 4, 2010 by Robert Manchel

Bankruptcy does not discriminate. Regardless of which walk of life a person may come from, anyone can find themselves having to file for bankruptcy protection. According to a credit.com article, the number of individuals filing for bankruptcy protection continue to rise, and the demographics associated with those filings continue to change. That is, while the previous median age of those filing for bankruptcy in 1991 was 36.5 years old, the most recent data, collected from 2007, shows the median age to have risen to 43 years of age. Furthermore, reports are also showing the elderly Americans, who once made up a mere 2.1% of bankruptcy filings (1991) across the country, currently make up 7%, according to 2007 figures.
Elderly Americans, who generally have less disposable income due to their limited earning power, cite credit card debt, as the primary reason why they are forced to file for bankruptcy. Unfortunately, data shows that many elderly Americans use credit card debt to pay for everyday purchases, particularly since social security checks, personal savings, and pensions are insufficient to fully support themselves. Also the elderly must foot the costs of medical bills and medication costs. Analysts project that the overall number of bankruptcy filings will continue to rise through the end of 2010, and that the rate of filings by elderly Americans will increase as well. While the economy continues to slowly recover from its economic downturn, 1.3 million Americans are expected to file for bankruptcy.
The bankruptcy process can be quite complicated, and it is always advisable to seek the assistance of an experienced bankruptcy attorney if you are thinking of filing. At the Law Offices of Robert Manchel, our skilled New Jersey bankruptcy lawyers will examine the circumstances of your situation and help you determine what the best course of action should be in regard to your finances. For more information about filing for bankruptcy in New Jersey, please contact our offices today at 1-866-503-5655.

Filed Under: Bankruptcy

No Two Debts are Alike: Secured v. Priority Debt in New Jersey Bankruptcy

November 2, 2010 by Robert Manchel

Often times when filing for bankruptcy, New Jersey residents do not realize that there are different types of debt, and that the bankruptcy court treats them as such. Two different types of debt recognized by the New Jersey bankruptcy court includes secured debt and priority debt. Secured debt in New Jersey often takes the form of a house mortgage or an automobile financing loan, while priority debt refers to those financial obligations that cannot be eliminated by bankruptcy, namely child support payments, spousal support, and some types of taxes.
Secured debt is a lien against property, such as a car or a house. In taking out financing against such property, the debtor is granting the lender an interest in their personal or real property, with that interest eventually expiring once the loan is satisfied. In a chapter 7 bankruptcy, secured debt is discharged only in the sense that the creditor cannot sue a debtor for the amount owed. Typically, however, the creditor can still foreclose on or repossess the debtor’s property in order to satisfy the debt, if the debtor is in default of the loan agreement. In chapter 13 bankruptcy proceedings, a debtor can save their property if their payments are in default to a secured creditor, by paying the total secured debt arrears to the creditor through a monthly trustee payment, while making the future regular monthly payments, directly to the creditor.
On the opposite side of the spectrum, priority debt is, for the most part, entirely unaffected by a chapter 7 filing. This means that the debt continues to be due to the creditor and the creditor may pursue the debtor for the debt, after the bankruptcy case is completed. In a chapter 13 plan, the debtor must pay the priority debt to the creditor through a monthly trustee payment. After the completion of the chapter 13, the priority debt should be satisfied and paid in full.
The experienced bankruptcy attorneys at the Law Offices of Robert Manchel have assisted many individuals, throughout the state of New Jersey, with their bankruptcy filings. We understand that bankruptcy proceedings can be complicated. For more information about bankruptcy, regardless of your situation, please call our skilled NJ bankruptcy lawyers today at 1-866-503-5655.

Filed Under: General Bankruptcy Information

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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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