New Jersey Bankruptcy Attorney
Harold N. Kaplan
Facing overwhelming debt, foreclosure and repossession can be extremely stressful, and in today’s tough economy, many hard-working people are finding themselves in a position where bankruptcy may be the only answer to combat unmanageable finances.
As an experienced Bankruptcy lawyer for over 26 years, I will take the time to get to know you and understand your legal issues, and provide solutions to get you back on the right financial track. My firm is dedicated to serving our client's legal and personal needs, and will treat your legal matter with the highest level of service and professionalism.
Contact my firm today if you need legal assistance with any of the following:
- Chapter 7 Bankruptcy
- Chapter 13 Bankruptcy
- Foreclosure Prevention
- Loan Modification
- Avoiding Garnishment
- Avoiding Repossession
- Stop Creditor Harassment
- Stop Lawsuits
- Erase Credit Card Debt
- Rebuild your Credit
- Court Protection
When you come to my office, you will meet with me, not an associate or paralegal. I will go to court with you or for you, not an associate. I answer my own phone and if I am not available I will return your call as soon as I am able, usually within a couple of hours. I am here to personally help you, guide you, and handle your case.
I have 12 years of experience representing banks and mortgage companies in foreclosure and bankruptcy proceedings, giving my clients additional experience and insight. While other bankruptcy attorneys understand that filing a bankruptcy can stop a foreclosure and that mortgage arrears can be repaid in a Chapter 13 plan, few if any are familiar with the foreclosure process, pleadings and New Jersey State Court Rules. I have years of experience in these areas.
My firm wants to be a part of your financial solution, not part of the problem. We dedicate ourselves to providing top notch legal services at a reasonable and competitive cost, and most matters are handled on a flat fee basis.
But remember that cost alone should not determine who you select to represent you. Service and experience should be priority. Don’t short change yourself--get the service you deserve and call us first.
If you or someone you know needs the assistance of an experienced New Jersey Bankruptcy lawyer, call Harold N. Kaplan today at 866-435-3794, or complete the contact form provided on this site to schedule a free consultation. My free consultation is truly FREE and is not limited to 15 minutes like other firms. If it takes 1 hour or 3 hours, the consultation is FREE.
Practice Areas and Legal Definitions
Every year, more than 1,000,000 Americans file for protection under Federal bankruptcy laws. Although some bankruptcy claimants are deemed as credit abusers and/or considered financially irresponsible, many hardworking individuals and businesses can succumb to financial difficulty, and face irreparable economic crisis. Bankruptcy is designed as a legal option to help resolve such a crisis, and act as a financial life preserver for those drowning in debt. To discuss your bankruptcy options, or other areas of recourse that might be available to you, contact a qualified bankruptcy attorney who can advise you of your legal rights as stated under Bankruptcy Law and federal Bankruptcy courts.
Bankruptcy Laws:
Bankruptcy is a federal court process designed to help individuals and businesses eliminate their debts or repay them under the protection of the bankruptcy court. Bankruptcies can generally be described as liquidation or reorganization. Under a liquidation bankruptcy (Chapter 7), a debtor files to eliminate debt through the bankruptcy court. Under a reorganization bankruptcy (Chapter 13), a debtor files a plan with the bankruptcy court proposing how to repay creditors.
In 2005, the requirements under which a debtor could file Chapter 7 bankruptcy changed with the passage of the Bankruptcy Abuse Prevention and Consumer Protection Act. Debtors are now required to seek budget and credit counseling within six months of filing, financial “testing” is required to determine the debtor’s capacity for debt repayment, Chapter 7 cannot be filed if the household income is greater than the median household income as deemed by the state, and state exemptions cannot be applied unless the debtor has resided at current residence for over two years.
Due to the imposed requirements for Chapter 7 bankruptcy as set forth by the new laws, debtors who were eligible to file under Chapter 7 may now have to file under Chapter 13 bankruptcy instead, in which individuals and creditors agree to a court-imposed plan that requires some or all debts be repaid over five years, with an appointed trustee assigned to monitor the repayment process. Bankruptcy filings will continue to be recorded on an individual’s credit report for seven years in the case of Chapter 13, and up to ten years for Chapter 7.
Chapter 7:
Chapter 7 cases are commonly referred to as straight bankruptcy or liquidation cases, and may be filed by an individual, corporation, or a partnership. A Chapter 7 bankruptcy case does not involve the filing of a plan of repayment as in Chapter 13. Instead, the bankruptcy trustee gathers and sells the debtor's nonexempt assets and uses the proceeds of such assets to pay holders of claims (creditors) in accordance with the provisions of the Bankruptcy Code. Part of the debtor's property may be subject to liens and mortgages that pledge the property to other creditors. In addition, the Bankruptcy Code will allow the debtor to keep certain "exempt" property; but a trustee will liquidate the debtor's remaining assets. Accordingly, potential debtors should realize that the filing of a petition under Chapter 7 may result in the loss of property.
Chapter 13:
A Chapter 13 bankruptcy is also called a wage earner's plan. It enables individuals with regular income to develop a plan to repay all or part of their debts. Under this chapter, debtors propose a repayment plan to make installments to creditors over three to five years. Chapter 13 permits individuals to keep their property by repaying creditors out of their future income. It is not available to corporations or partnerships. After completion of payments under the plan, Chapter 13 debtors receive a discharge of most debts.
Foreclosure:
Foreclosure is the legal proceeding in which a bank or other secured creditor sells or repossesses a parcel of real property (immovable property) due to the owner's failure to comply with an agreement between the lender and borrower called a "mortgage" or "deed of trust". Commonly, the violation of the mortgage is a default in payment of a promissory note, secured by a lien on the property. When the process is complete, it is typically said that "the lender has foreclosed its mortgage or lien".
A Foreclosure by Sale ends in the posting of a sign advertising the auction of your home on the sale date. The only ways to stop a foreclosure are full payment of the arrearage, or the filing of a Chapter 13 bankruptcy. Full Payment: If you are able to obtain and tender the full amount of your arrearage, including fees and costs, you can stop the foreclosure of a standard residential mortgage. Most people lack the money to make full payment. This process stops the foreclosure and allows you to repay your arrearage over a three-to-five year period. The arrearage is paid through a court-appointed official, while you resume your regular monthly payments to the bank in order to keep your home. A Chapter 13 can be filed at any time prior to the law day or sale date, and it is often the only avenue to save your home.
Debt Consolidation:
Contrary to popular belief, debt consolidation is not a loan. Debt consolidation is a process in which debt is restructured into one low monthly payment. It further enables a consumer to reduce the amount owed and thereby eliminate interest. Very often a consumer can detect warning signs of being in too much debt long before any collection notices are received. If more than two of the following signs apply to you, you are probably in too much debt:
- You have begun charging to your credit card essential expenses like food and daily expenditures
- You are making only the minimum payments on your credit cards each month
- You are near the limit of your credit cards
- You have too many credit cards
- You are unsure how much money you owe creditors
If you or someone you know needs the assistance of an experienced New Jersey Bankruptcy lawyer, call Harold N. Kaplan today at 866-435-3794, or complete the contact form provided on this site to schedule a free consultation.
ADDRESS OF THE FIRM:
Law Offices of Harold N. Kaplan
203 Barclay Pavilion West
Cherry Hill, NJ 08034
Phone: 866-435-3794
Hours: M-F, 8:00AM-5:00PM
MEMBERS OF THE FIRM:
- Attorney Harold N. Kaplan
- George Washington University, Bachelors of Arts in Political Science, 1979 (Washington, DC)
- New England School of Law, Juris Doctor, 1982 (Boston, Massachusetts)
- Member, New Jersey and Pennsylvania Bar
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