Legal Question in Bankruptcy in New Jersey
sherriff's sale disabled homeowners
can the ch 13bankruptcy trustee allow a sherriffs sale to proceed when a disabled person's income was adversely affected by his disability status. THe ssi income is being deemed insufficient to pay the prepetition mortgage arrearage. We are prevented by permanent disability increase our income outside of the limits allowed by the social security administration. The has determined the ssdi payment is sufficient to live in NJ so I do not understand how it can be legal for another government department(doj) to say it is not. It must be decrimination to determine that ssdi recipients can not own a home because their income is not at the pre disability income. Can you help? I can not believe it can be our fault that the government is paying my husband an income it feels is insufficient to pay our ch 13 trustee. We can only live invery specific accomodations to address our disabilities. Is there any negotiation i can seek with the mortgage co. to address the arrearage in another way other than a straight division of the total? Please help. Any suggestion will be helpful.
1 Answer from Attorneys
Re: sherriff's sale disabled homeowners
Did you sit down with an attorney who does bankruptcies to discus your options?
At this stage it would be diccicult to advise you without examining your financial situation in detail and the contents of your case file.
Good luck to you.
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