Best Foreclosure Lawyers in Howell, NJ

No. Only one of you needs to file a bankruptcy petition to stop foreclosure proceedings. As long as both of you are the owners of the home, it does not matter which one of you files the bankruptcy petition. As in any bankruptcy case, upon the filing of the petition, the foreclosure proceedings must immediately be stopped (at least temporarily).

No. Only one of you needs to file a bankruptcy petition to stop foreclosure proceedings. As long as both of you are the owners of the home, it does not matter which one of you files the bankruptcy petition. As in any bankruptcy case, upon the filing of the petition, the foreclosure proceedings must immediately be stopped (at least temporarily).

No. A bankruptcy filing, by itself, will not result in the removal of any judgments that may have been entered against you. However, it is a great first step in getting rid of judgments. When you file a bankruptcy case and include the judgment creditor in the petition, you will be getting rid of your personal liability for that obligation. That means that the judgment creditor cannot seek to collect payment from you on that obligation. The judgment lien of that creditor, however, remains intact, and any property you may own is still affected. Yet, if your particular circumstances warrant it, there are certain actions that can be taken in and out of bankruptcy to get rid of the judgment. For example, in bankruptcy, if you have no equity in property that you own, you may be able to file a motion to void the judgment lien. Outside of bankruptcy, if your bankruptcy case has already been concluded and you received your discharge, NJ state law allows you to seek cancellation of the judgment in state court. Among other conditions, the law provides that you may file a motion to cancel a judgment one year after entry of the discharge order in your bankruptcy case.