Legal Question in Bankruptcy in New Jersey

Re: Bankruptcy

I recently received two court summons in Morris County for two seperate debts which I am unable to pay: approx. $3,800 for a credit card and approx. $6,800 for a vehicle repossession (voluntarily surrendered).

I was told by a legal assistance agency in Morris that though my sole income is SSDI for an ongoing, long-time/chronic illness ($753/month) I do not qualify for free assistance. I liove with my husband, who is employed but has no assets, in my mother's home; she is also emplyed (at minimum wage) & having financial difficulties.

I was unable to make what the plaintiff's lawyers consider "acceptable payment arrangements" (a minimum of $150/month on each account; some of my income already goes to a $150/mo credit card payment, card is cancelled, to try to prevent further collection issues) in order to stop court proceedings. My money must go toward whatever Medicare does not cover in terms of tests, doctors' appointments and necessary, monthly medications.

I would pay these debts if I could.

I filed for bankruptcy in 2002 in Boston, MA; I had been able to work for a time & therefore did have a leased vehicle and two credit cards, not anticipating my physical/emotional decline & further disability.

My question: I must stop these court proceedings immediately and I understand the 35 day timeline (which I fear I may have missed in one case, responding to the law firm but not realizing they would not contact the court on my behalf). How do I proceed?

Is the only way to insure I do not need to appear in court to contact a lawyer & file, again, for bankruptcy? Also, what are the repercussions given the new bankruptcy laws with which I am unfamiliar? Will there be a need to repay in the future should I become able?

I also do not want to claim my student loans (& do not know if that is even possible) as I hope at some point I will be able to further my education if only from home & would require financial assistance, of course.

Please advise as soon as you are able. I greatly appreciate it!

Jamie.


Asked on 8/03/10, 7:26 pm

1 Answer from Attorneys
Locksley Wade Law Office of Locksley O. Wade

Filing bankruptcy at anytime will prevent any further court proceeding; therefore, a court will not stop a proceeding unless they receive actual notice of a bankruptcy. Secondly, it appears that you may be able to discharge your student loan given that you are on disability.

Read more
Answered on 9/04/10, 4:14 am


Related Questions & Answers

More Bankruptcy Law questions and answers in New Jersey