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Many clients have questions regarding their debt and which items can be discharged in bankruptcy.
A debt that was incurred as a result of personal injury or death caused by operating a vehicle while intoxicated is not dischargeable in a chapter 7 or 13.
The debtor must have been intoxicated at the time. Intoxication may be due to alcohol or any other substance. Also, the standard of intoxication is based on the laws of the state.
The debt must be due to the death or personal injury of a person. Nondischargeability does not include debt incurred due to property damage, as a result of operating a vehicle while intoxicated. In other words, debt due to property damage caused by operating a vehicle while intoxicated is dischargeable.
The debt is nondischargeable if the debtor is operating a motor vehicle, vessel, or aircraft. If the vehicle is not deemed one of the aforementioned vehicles, the debt is dischargeable.
If the debt is nondischargeable based on the above facts, a chapter 13 debtor must pay such debt as a priority through the bankruptcy plan.
Robert Manchel, NJ bankruptcy lawyer, may be contacted at 1(866) 503-5655 to talk about your situation and how bankruptcy protection may apply.

There are a number of reasons for opening a closed bankruptcy case.
After a discharge, a creditor is not permitted to attempt to collect a debt from the debtor. Any attempt of a creditor to collect a debt after discharge is a violation of the injunction provision of the bankruptcy code. A debtor may wish to open a bankruptcy case and file an Adversary Complaint against the creditor for such a violation, in addition to a request for sanctions. A creditor’s attempt to pursue the collection of a discharged debt is typically, a violation of the Fair Debt Collection Practices Act. The complaint may include an additional count for such a violation.
After a discharge, the debtor may wish to open a bankruptcy case for the purpose of requesting additional relief that was not requested while the case was open. An example would be to open a case to request an order to avoid or eliminate a lien on property. In certain situations, the dischargeability of certain debt is not clear, such as an income tax liability for a specific year. An individual may wish to open the case and file the appropriate documents, requesting an order reflecting that certain tax debt is dischargeable.
A bankruptcy case may be opened to include a creditor and provide them with the proper notice. A trustee may wish to open a case to revoke the discharge in the event of a debtor’s fraud. Also, a creditor that was not notified of the bankruptcy case, may wish to open a case to request an order reflecting the nondischargeability of the debt due to the creditor.
There is no specific limit as to the number of times a case may be opened. A case may be opened a number of times in the event that creditors repeatedly violate the injunction provision.
Robert Manchel is a bankruptcy attorney in New Jersey that is available to answer your questions regarding bankruptcy protection at (866) 503-5655.

The bankruptcy code specifically prohibits the government from discriminating against an individual due to the filing of a bankruptcy case or based on a debt that was discharged or included in a bankruptcy case. Also, the government cannot discriminate against someone who is associated with another who filed for bankruptcy protection. More specifically, the government cannot discriminate against a debtor with regard to employment, including termination of employment and denial of employment.
The government cannot deny a person a license or permit based on having filed for bankruptcy protection. Also, the government may not discriminate against a debtor in connection with any benefits that are provided by the government, such as housing, disability, unemployment, etc.
The government is not permitted to deny a person a government student loan or student grant based on having filed for bankruptcy. This also, includes any entity that provides a student loan that is guaranteed or insured by the government.
A utility company may not discriminate against an individual who has filed for bankruptcy, with regard to terminating or restoring service.
The bankruptcy code also prohibits private employers from terminating employment or discriminating against individuals based on the filing of bankruptcy case. However, since the code does not specifically prohibit the denial of employment for private employers, as it does regarding government employers, some courts believe that the code does not prohibit a private employer from denying employment based on having filed for bankruptcy.
Please contact NJ bankruptcy attorney Robert Manchel at (866) 503-5655 to discuss your rights.