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Filing for bankruptcy stops most civil lawsuits against you because of an automatic stay which goes into effect immediately when your bankruptcy is filed. This stay prevents your creditors from continuing their collection actions, including lawsuits against you. How...
Lawsuits are a tool used by creditors to collect their debts. Often, they file many of these lawsuits at one time against numerous debtors, counting on an outsize percentage of these defendants to ignore the lawsuit. These defendants may be overwhelmed by the lawsuit...
The New Jersey Appellate Division recently held that a third-party creditor cannot go after real estate owned jointly by spouses to satisfy a judgment that had been entered against one of the spouses. In Jimenez v. Jimenez, Docket No. A-2495-16T1, the plaintiffs...
If you are struggling with debt, you are well aware of this timeless fact: creditors are relentless in their pursuit of money. They are willing to engage in all manner of collection efforts, including harassing letters and phone calls to get what they believe they are...
If you have found yourself trapped with debt that you cannot repay, you have probably heard from creditors or collection agencies on their behalf. You have probably heard from them frequently, on the phone, by mail, or even at work. These collection efforts can make...
Do you share a bank account with another person? Has a creditor levied upon that joint account to satisfy a judgment that was entered against one of you? Are you afraid that your money in that joint account will go towards paying off the other person's debt? If so, a...
When you file for bankruptcy protection, the automatic stay prevents creditors from filing lawsuits against you. However, there is a procedure within the bankruptcy court called filing an "adversary proceeding," which is a lawsuit that is filed within your bankruptcy...
Many people file for bankruptcy protection because they need relief from their creditors. A personal bankruptcy filing can be shelter from the harassing collection efforts of debt collectors. However, while rare, it is possible for a lawsuit to be filed against you in...
If you are currently involved in litigation or you believe a lawsuit will be filed against you soon, you may be curious how a bankruptcy filing can help. There are many issues related to filing a Chapter 7 or Chapter 13 in relation to the timing of a lawsuit, so it is...
