New Jersey Bankruptcy Legal Questions

Section 525 of the Bankruptcy Code generally prohibits employers from discriminating against employees in hiring, promotion, pay, benefits, etc. There are a few exceptions. Generally, of course, employers can come up with lots of reasons for not hiring someone other than the real one. So you would do well to get real proof of their impermissible reason-if it is impermissible. Consult a local experienced bankruptcy lawyer to find out what the attitude toward this kind of allegation in your federal district.... Read More

There is no specified amount of time for the trustee to abandon property. The property should be abandoned if the property is a burden or if there is no equity. So if the property is free and clear of any mortgage and the trustee can be reasonably expected to get some funds from the sale - even $1,000 then the court is unlikely to compel the trustee to abandon the property.... Read More

You can file BK to discharge the debt. Student loans to non-profit schools are dis chargeable, so long as it is not guaranteed by the Federal Government. You should consider filing a complaint with the Attorney General for the State of Colorado. If enough students file, they may do something on your behalf. Lastly, you can always defend on a breach of contract lawsuit for all the reasons you already stated. Good luck!... Read More

First of all, you would benefit from retaining a skilled bankruptcy lawyer. You would likely have had strong reclamation rights if you had demanded reclamation during the first 10 days after your customer filed its petition. But if you did make your demand in that period then your lawyer might still be able to move the Court for reclamation. Failing that you probably would have an administrative claim to be paid in full. Again... a good lawyer is what you need.... Read More

A bankruptcy in your name won't save the house from foreclosure. That would have required paying the mortgage over the past few years. You've lived there for free for over a year, did you really think that you are entitled to a free house forever? Hopefully, you've saved up a bit while you were on gravy train (as if!). Better get used to the idea of a monthly rent payment.... Read More

If you already had the right to sue when you filed, the award in the lawsuit is property of the estate and the trustee has a right to that money. Unless the trustee abandoned his/her claim, if you listed the lawsuit as an asset and the trustee didn't take any steps to enforce his/her right to the property, then it was abandoned. Usually, the trustee will notify the debtor and the attorney handling the lawsuit that the estate has a claim to the proceeds. That secures the trustee's claim. If the discrimination suit arose after you filed, then the trustee has no claim to the funds. For example, if the discrimination suit alleges that you were wrongfully fired on April 1, 2014. If you filed the bankruptcy on or before March 31, 2014, the award isn't property of the estate. Because you weren't fired yet and didn't have any right to suit.... Read More