Basking Ridge, NJ Bankruptcy Law Firms & Lawyers

The qualifying is the same, whether one started in a 13 and wants to switch to a 7 or starts initially with a 7. 2. I suppose it can be considered "easier" in the sense that if you already did the work to fill out the chapter 13 papers then you have finished what is generally the most difficult part of the process and you usually do not have to go thru that process again to finish the case as a 7.

A discharge in Bankruptcy has a specific meaning. Discharge of a particular debt means that the debt can no longer be collected. Some debts are dischargeable, some are not, some are dischargeable only under certain conditions and/or with extra steps in the bankruptcy process. A review of what is and isn't dischargeable is something that the attorney does BEFORE filing the case so that the client understands the risks and benefits of each type of bankruptcy and can decide which type of bankruptcy to file and when in order to get maximum benefit. Only HOA fees incurred prior to the bankruptcy are discharged in a bankruptcy case. HOA fees incurred after the bankruptcy filing up to the date of foreclosure remain the homeowner's responsibility. While the obligation to make the payments under the mortgage promissory note is discharged, the deed of trust that the lender holds on the property is not eliminated in Bankruptcy (with some exceptions that I assume did not apply to your situation and in any case because I assume a chapter 7 type of bankruptcy was filed). Whether a foreclosure happens during or after the bankruptcy filing is another matter and the bankruptcy court does not get involved in that process unless the foreclosure is done while the bankruptcy case remains open and in that situation only to the extent that the lender must first obtain court's permission to move forward. Rarely do lenders proceed with foreclosure process while the case is pending because of the added steps and expenses. Typically, the lender will wait until the bankruptcy case closes and proceed at some point in time after that. As far as I know, there is no legal mechanism by which you can force a lender to foreclose and take ownership of the property at any particular time, although some borrowers have taken steps such as letting the lender know that the property is vacant and/or delivering keys to try and convince the lender that taking over the ownership sooner rather than later is in their best interest. Some debtors chose to either continue living at the property paying HOA fees until a Deed of Trust sale date is scheduled and moving out just before that happened or right after or they moved out of the property and rented it out to cover the HOA fees. Whether you retained ownership can be verified by looking at the county recording documents.. When certain property's value was greatly below the principal balance on the note, it was not uncommon for a lender to adapt a wait and see attitude. In doing so they wished to prevent taking an immediate loss and hoping values would increase at some point to recoup more from the property or an alternative or temporary payment arrangement could be made with the debtor through a loan modification. A short sale, if approved, could potentially take care of the HOA fees. You can apply for a short sale and carefully review the terms of the agreement under which the bank is willing to proceed and discuss any tax implications of a short sale with your tax preparer.

You have the right to sue a non profit in court. See if the little league is a non profit entity - e.g. limited liability company or corporation - or an unincorporated association. If the latter, you have rights against the individuals.