QUESTION

Stipulation Resolving Adversary Proceeding Filed in Trenton NJ

Asked on May 27th, 2024 on Bankruptcy - Pennsylvania
More details to this question:
I had bankruptcy over 10 years ago w/Stipulation Resolving Adversary Proc. Sending final paymt and need to have legal advice to guide us. This debtor will probably want more money. He has been harassing us for money every month. We are elderly (over 65) and on SS. Wife has been working full time to pay this debt. Husband is disabled and dementia setting in. We don’t have a lot of $ We have about $150 equity in our home - we do not want to loose our home Do I hire a lawyer in NJ? Should I send the final payment with a Debt Release Letter? Does that need to come from a lawyer?
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1 ANSWER

Bankruptcy Attorney serving Collegeville, PA at Nahrgang & Associates, P.C.
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While inquirers understandably want a specific answer, this question requires more information.  Specifically, I, or any advising counsel, would need to review the stipulation. Having said that, the bankruptcy court usually retains jurisdiction to enforce any such stipulation.  If the creditor claims a default and wishes to enforce, he would have to file a motion to reopen the bankruptcy case for the specific purpose of enforcement.  That would be filed in NJ and NJ counsel would be required at that time.  If the creditor does not follow the proper procedure, he may seek to sue or enforce where you live in PA.   Coincidentally, I was approached by a long time referring attorney (CL in Lansdale) who has a client with a similar issue.  So, that is either an amazing coincidence or I am already aware of the issue and periodically checking on it. I trust this answers your questions but do not hesitate to reach out to me on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com 
Answered on May 30th, 2024 at 5:05 AM

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