Legal Question in Bankruptcy in New Jersey

I filed a personal chapter 7 pro se. In my petition I included a property that I own under an LLC because I also personally guaranteed the loan. The attorney for the mortgage company is saying that the property can't be included because it is owned by an LLC and I filed personally. The attorney's client , the creditor continues to make collection efforts. If the court accepts my petition, should the creditor stop all collection efforts and means of communication unless they are able to vacate the stay? The case is in NJ.


Asked on 4/23/10, 7:32 am

1 Answer from Attorneys
Jeffrey Walters Law Offices of Jeffrey S. Walters, LLC

You should consider obtaining legal assistance. It appears that what you really mean is that you included the DEBT in your petition. Did the LLC sign the note and mortgage? Since you personally guaranteed it, the automatic stay applies to the creditor's collection efforts against you personally. Similarly, your personal obligation would be discharged along with your other unsecured debts. The automatic stay does not apply to any collection efforts against the LLC. Your question raises another question. What are you hoping to achieve with your Chapter 7 filing? Even if the automatic stay applied to collection efforts against the LLC, the stay would terminate when your discharge is granted, which is approximately 4 months after your date of filing. I suggest that you obtain legal assistance so that you can properly address all of the issues which relate to your matter.

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Answered on 4/28/10, 8:01 am


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